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  6. Step 2 where an interim measure is needed decide what is a proportionate order to make
Interim measures tribunal hearings

Step 2: where an interim measure is needed, decide what is a proportionate measure to make

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Deciding what is a proportionate measure to make

  1. Where a tribunal concludes that an interim measure is needed, they will need to decide what the proportionate response is. This includes deciding on the type of interim measure and the length of time the measure should be made for. 

  2. The tribunal should review their reasons for deciding that the test for imposing an interim measure is met and consider any submissions that have been made by the parties on the appropriate outcome. 

  3. In making its decision, the tribunal must carefully consider the proportionality of its response in dealing with the risk(s) identified and the adverse consequences of any action taken on the PA or AA’s own interests to decide what is required but not more than necessary. This will include considering if conditions are sufficient to mitigate the risk(s) identified, rather than suspension.  

  4. The type of interim measure needed will depend on the individual circumstances of the case and is a matter for the tribunal’s judgment. The tribunal should provide reasons for their decision, and in doing so explain how it relates to any submissions made by the parties.