Regulation 17 Summoning of witnessesI1

Northern Ireland

(1)

The Chairman may, on the application of either party or on his own initiative, issue a summons requiring any person –

(a)

to attend as a witness at the hearing, at the date, time and place set out in the summons; and

(b)

to answer any questions or produce any documents or other material in his possession or under his control which relate to any matter in question in the case.

(2)

The summons must –

(a)

explain that it is an offence under Article 44(5) of the Order to fail, without reasonable excuse, to comply with it; and

(b)

explain the right to apply under this regulation to have it varied or set aside.

(3)

A person summoned under this regulation may apply in writing to the Care Tribunal for the summons to be varied or set aside by the Chairman, and –

(a)

the Chairman may do so if he sees fit; and

(b)

the Secretary must notify him and the parties in writing of the decision.

(4)

No person shall be required to attend, answer questions or produce any document in obedience to a summons issued under this regulation unless –

(a)

he has been given at least 5 working days' notice of the hearing or has consented to a shorter period of notice; and

(b)

the necessary expenses of his attendance are paid or tendered to him by the party who requested his attendance or by the Care Tribunal, as the Chairman shall direct.

(5)

No person shall be required under this regulation to give any evidence or produce any document or other material that he could not be required to produce in legal proceedings in a county court.

Annotations

Commencement

I1: Reg. 17 in operation at 1.4.2005, see reg. 1(1)