67   Parties to proceedings before Tribunal

(1)  The parties to proceedings before the Tribunal for an original decision are:

(a)  any person who, being entitled to do so, has duly applied to the Tribunal for an original decision, and

(a1)  if an order or other decision is sought from the Tribunal in respect of a person (other than the applicant)—the person in respect of whom the order or other decision is sought, and

(b)  if the Attorney General intervenes in the proceedings under section 69—the Attorney General, and

(c)  any other person who has been made a party to the proceedings by the Tribunal in accordance with subsection (4), and

(d)  any person specified by or under any enactment as a party to the proceedings.

(2)  The parties to proceedings before the Tribunal for a review of a reviewable decision are:

(a)  any person who, being entitled to do so, has duly applied to the Tribunal for a review of the decision, and

(b)  the administrator who made the decision, and

(c)  if the Attorney General intervenes in the proceedings under section 69—the Attorney General, and

(d)  any other person who has been made a party to the proceedings by the Tribunal in accordance with subsection (4), and

(e)  any person specified by or under any enactment as a party to the proceedings.

(2A)  The parties to proceedings before the Tribunal for an external appeal are as follows:

(a)  any person who, being entitled to do so under an Act, has appealed to the Tribunal against the decision concerned (the appellant),

(b)  any person who has been made a party to the proceedings in accordance with subsection (4) or the rules of the Tribunal,

(c)  if the Attorney General intervenes in the proceedings under section 69—the Attorney General,

(d)  any person specified by or under any other Act as a party to the proceedings.

(2B)  In the case of an external appeal, the decision-maker is entitled to be a party to the proceedings but cannot (unless the decision-maker agrees) be made a party to any such appeal.

(2C)  The rules of the Tribunal may, in respect of an external appeal, make provision for the parties to any such appeal (including the designation of a respondent or other person to assist the Tribunal in the proceedings).

(3)  In an internal appeal before an Appeal Panel, the member or members (or assessor or assessors) who constituted the Tribunal that made the decision appealed against cannot be made parties to the appeal. The rules of the Tribunal may make provision for the parties to any such appeal (including the designation of a respondent where the only party in the proceedings below was the appellant).

(4)  The Tribunal may, by order, make a person who is not a party to proceedings (other than proceedings on an internal appeal) a party to the proceedings if the Tribunal considers that the person ought to have been joined as a party or is a person whose joinder is necessary to the determination of all matters in dispute in the proceedings.

(4A)  If an application is made to the Tribunal for an original decision by means of referring a complaint or other matter in respect of a person to the Tribunal for determination, the rules of the Tribunal may make provision (despite subsection (1)) for the parties to any such application for the purposes of this Act. For example, the rules may provide for the designation of the person who originally made a complaint that has been referred to the Tribunal as the applicant in the proceedings before the Tribunal instead of the person who referred the complaint.

(5)  A person who is a party to proceedings before the Tribunal:

(a)  by reason of a decision made by the person in the performance of the duties of an office or appointment, or

(b)  by reason of the operation of section 38 (5),

      must be described in the proceedings by the person’s official title.