OpenLegislation

Rule 2 Conduct of reference

Northern Ireland

(1)

Subject to any order of [f1 the judge] as to the conduct of the reference—

(a)

the officer shall hear any parties entitled to attend, and their counsel or solicitors;

(b)

the officer may inspect any property or thing concerning which any question arises;

(c)

the attendance of witnesses may be enforced by summons and the inquiry shall be conducted in the same manner, as nearly as circumstances permit, as if the inquiry were the hearing of an action;

(d)

subject to the provisions of paragraph (3), the officer shall have the powers of a judge with respect to the administration of oaths, taking of affidavits, discovery and production of documents and in the conduct of the inquiry;

(e)

the officer may submit or may direct any of the parties to submit for the decision of [ the judge] any question arising in the inquiry.

(2)

Where a matter of account is referred to the officer, the officer, in addition to any powers conferred by paragraph (1), may—

(a)

direct any accounting party to make out and furnish his account within a time to be stated;

(b)

give directions as to the manner in which the account is to be taken or the inquiry made and as to the bringing of all necessary parties before the court;

(c)

direct and settle advertisements to be published for creditors or persons having or claiming an interest in the subject-matter of the proceedings;

(d)

direct that any books of account, in which any account required to be taken has been kept, shall be taken as prima facie evidence of the truth of the matter therein contained;

(e)

fix a time for adjudicating on claims;

(f)

give such other directions as he may think proper.

(3)

Nothing in this Rule shall authorise the officer to commit any person to prison, or to enforce any order by attachment.

Annotations

Footnotes

f1

Words amended by S.R. 2013 No. 19 with effect from 25.02.13