Rule 97 Production of documents by person not party to complaint

(1)

In the case of an appeal or review arising from a complaint of serious misconduct, the respondent to the complaint or the Investigation and Tribunals Team may apply for an order for the production of documents by a person who was not a party to the complaint.

(2)

The respondent may not apply for an order for the production of documents by the Investigation and Tribunals Team.

(3)

The application must be made to the Chair of the appellate court or to the Dean of the Arches and Auditor sitting alone.

(4)

The application must be made in accordance with rule 105.

(5)

The applicant must give a copy of the application to—

(a)

the Investigation and Tribunals Team or the respondent (as the case may be),

(b)

the complainant, and

(c)

if a relevant safeguarding professional was a party to the complaint, that party.

(6)

The Chair of the appellate court or the Dean of the Arches and Auditor may make an order on the application only if satisfied that the provision of documents specified or described in the application is relevant and necessary for dealing justly with the appeal or review.

(7)

Where an order is made under this rule, permission under rule 96 is to be treated as given for any documents produced in response to the order to be put before the appellate court.

(8)

Rules 39 (8) and (9) and 40 (1) and (2) (contempt of court etc.) apply to an order under this rule as they apply to an order under rule 39; and for that purpose, rule 40 (1) and (2) has effect as if the references to the President of Tribunals were references to the Chair of the appellate court or the Dean of the Arches and Auditor.