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. applied by 1929 c. 13 (N.I.) s. 3(4) (as substituted) by Petroleum (Consolidation) Act (Amendment of Licensing Provisions) 2012 reg. 2(4)
Sch. applied by Control of Asbestos 2012 reg. 8(8)(9)
Sch. Ch. 1 applied by Genetically Modified Organisms (Contained Use) 2001 reg. 29(4)
Sch. Ch. 1 applied by Ionising Radiations 2000 reg. 5(6) Sch. 4 para. 21
Sch. Ch. 1 applied by Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) 2013 reg. 13(5)
Sch. rule 6(3A) words substituted by Department of Justice Act (Northern Ireland) 2010 Sch. para. 12
Sch. rule 6(8) word inserted by Public Service Pensions and Judicial Offices Act 2022 Sch. 2 para. 18
Sch. rule 6(2) words substituted by Northern Ireland Act 2009 Sch. 4 para. 28(2)
Sch. rule 6(3A) inserted by Northern Ireland Act 2009 Sch. 4 para. 28(3)

(1)

Subject to paragraphs (2) and (3), the tribunal may, on the application of either party, issue a summons, requiring any person in Northern Ireland—

(a)

to attend as a witness at the hearing, at the 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 appeal.

(2)

No person may be required to attend in compliance with a summons 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 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 Articles 54 and 55 of the County Courts (Northern Ireland) Order 1980^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)

In this rule, “legal proceedings” means proceedings in a county court.

Annotations

Footnotes

f1: S.I. 1980/397 (N.I. 3)