81Hearing of appeals

81 Hearing of appeals

(1)  On the hearing of an appeal, the TRAB –

(a) is to proceed with as little formality and technicality, and with as much expedition, as a proper consideration of the appeal permits; and

(b) is to act according to equity, good conscience and the substantial merits of the case; and

(c) must observe the rules of natural justice; and

(d) may adjourn the hearing from time to time or from place to place as it thinks fit; and

(e) except as provided by this Act, may otherwise regulate its own proceedings.

(2)  Subject to section 82 , at any appeal proceedings, the presiding member is to determine any question relating to –

(a) the jurisdiction of the TRAB; and

(b) the admissibility of evidence; and

(c) law or procedure.

(3)  An appeal is to be heard and determined upon the evidence at the original hearing when the decision or finding appealed against was made, but, if the presiding member considers it to be proper, expert or other evidence may be required or admitted.

(4)  The TRAB may appoint counsel or another person with appropriate expertise or skills to help it conduct an appeal.

(5)  The appellant may request the TRAB to admit any expert or other evidence that the appellant considers necessary.

(6)  The TRAB –

(a) is to make a full and thorough investigation in open court, without regard to the forms, requirements or solemnities that might have been appropriate in legal proceedings; and

(b) may inform itself on any matter in such manner as it thinks fit, and admit any evidence considered by the presiding member to be relevant, notwithstanding that that evidence would not be admissible in a court of law; and

(c) may take into account any matters relating to, or to the administration of, racing that are within the knowledge or experience of a member of the TRAB or which have arisen in or as a result of appeal proceedings before the TRAB.