Paragraph 29 Summoning or citing of witnesses

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. para. 6(9) words substituted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(a)
Sch. para. 35(5) words substituted by Postal Services Act 2000 (Consequential Modifications No. 1) 2001 Sch. 1 para. 110
Sch. Ch.1 applied by Chemical Weapons (Licence Appeal Provisions) 1996 art.2, Sch.
Sch. para. 35(5) words substituted by Postal Services Act 2011 (Consequential Modifications and Amendments) 2011 Sch. 1 para. 34
Sch. para. 6(3A) inserted by Constitutional Reform Act 2005 Sch. 4 Pt. 1 para. 260
Sch. para. 25(2) omitted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(b)
Sch. para. 37 heading words substituted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(c)
Sch. para. 37 words substituted by Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) 2008 Sch. 1 para. 72(d)

(1)

Subject to paragraphs (2) and (3), the tribunal may on thhe application of either party issue a summons, or in relation to Scottish proceedings a citation, requiring any person in England or Wales (or in relation to Scottish proceedings, in Scotland)—

(a)

to attend as a witness at the hearing, at the time and place set out in the summons or citation, 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 appeal.

(2)

No person may be required to attend in compliance with a summons or citation under this rule unless—

(a)

he has been given at least seven days' notice of the hearing, and

(b)

he is paid the necessary expenses of his attendance.

(3)

No person may be required in compliance with a summons or citation under this rule to give any evidence or produce any document or other material that he could not be required to produce in legal proceedings.

(4)

Where a person summoned under paragraph (1)—

(a)

refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced, or

(b)

having been so summoned, refuses to be sworn or to give evidence,

a judge may, on the application of the Chairman, exercise his powers under section 55 of the County Courts Act 1984^f1 in relation to that person as though the person had been summoned in pursuance of county court rules as a witness in a county court.

(5)

Where a person cited in paragraph (1)—

(a)

refuses or neglects, without sufficient cause, to appear or to produce any documents required by the citation to be produced, or

(b)

having been so cited, refuses to be sworn or to give evidence,

a sheriff may, on the application of the Chairman, exercise in relation to that person any power which is for thhe time being conferred on the sheriff in the Ordinary Cause Rules set out in the First Schhedule to the hheri Court (cotland) Act 1907m^f2 to ordain a witness to forfeit and pay a penalty and to grant decree for that penalty in favour of the party on whose behalf a witness was cited, as though the person had been duly cited and had demanded and been paid hi travelling expene and had ailed to attend a Proo in a caue to which the said Ordinary Cause Rules apply.

(6)

In this rule, “legal proceedings” means—

(a)

in the case of proceedings relating to an appeal which relates to matters arising in England or Wales, proceedings in a county court, and

(b)

in the case of Scottish proceedings, proceedings in an ordinary cause before the sheriff.

Annotations

Footnotes

f1: 1984 c. 28.
f2: 1907 c. 51. The first Schedule was substituted by S.I. 1993/1956.