Article 28 Requirement notices

(1)

The adjudicator may, at any time, require the attendance of any person to give evidence or to produce any document or other material specified by the adjudicator which is in that person’s possession or control.

(2)

The adjudicator must make any such requirement in a requirement notice.

(3)

The requirement notice must be in the form specified by the adjudicator provided that the requirement notice—

(a)

is in writing;

(b)

identifies the person who must comply with the requirement;

(c)

identifies the matter to which the requirement relates;

(d)

states the nature of the requirement being imposed by the adjudicator;

(e)

specifies the time and place at which the adjudicator requires the person to attend and, if appropriate, produce any document or other material; and

(f)

includes a statement of the possible consequences of failure to comply with the requirement notice.

(4)

The party on whose behalf it is issued must serve the requirement notice.

(5)

Subject to paragraph (6) a requirement notice will be binding only if, not less than 7 working days before the time that the person is required to attend—

(a)

the requirement notice is served on that person; and

(b)

except in the case where that person is a party to the proceedings, the necessary expenses of his attendance are offered and (unless he has refused the offer of payment of his expenses) paid to him.

(6)

At any time before the time that the person is required to attend, that person and the party on whose behalf the requirement notice is issued may substitute a shorter period for the period of 7 working days specified in paragraph (5) by—

(a)

agreeing in writing such shorter period; and

(b)

before the time that the person is required to attend, serving a copy of that agreement on the adjudicator.

(7)

Where a requirement has been imposed on a person under paragraph (1), that person may apply to the adjudicator for the requirement to be varied or set aside.

(8)

Any application made under paragraph (7) must be made to the adjudicator before the time when the person is to comply with the requirement to which the application under paragraph (7) relates.