Regulation 18 Attendance at oral hearings: general

(1)

At an oral hearing, the following persons may make oral representations and call any witnesses to give evidence that is relevant to the matter being investigated—

(a)

each party to the appeal, or, if applicable, that party’s representative; and

(b)

where the appeal relates to a scheme notification decision or a scheme eligibility decision, any interested person in relation to the appeal who is not a party to the appeal.

(2)

Not later than 14 days before the date of the hearing, each party to the appeal, or, if applicable, his representative, must—

(a)

inform the Ombudsman in writing about whether the party intends—

(i)

to attend, or be represented at, the oral hearing, and

(ii)

to call any witnesses to give evidence at the hearing; and

(b)

if the party intends to call any witnesses at the hearing, provide the Ombudsman with—

(i)

the names of those witnesses, and

(ii)

a written summary of the evidence of those witnesses (“witness summary”).

(3)

Any party to the appeal who decides not to attend, or be represented at, an oral hearing may send written representations for the purpose of the hearing to the Ombudsman not later than 14 days before the date of the hearing.

(4)

As soon as practicable after receiving a witness summary or written representations under this regulation, the Ombudsman must—

(a)

send a copy of the witness summary or written representations to the other parties to the appeal; and

(b)

where the appeal relates to a scheme notification decision or a scheme eligibility decision, take reasonable steps to publicise to all interested persons in relation to the appeal—

(i)

the existence of the witness summary or written representations, and

(ii)

any other information the Ombudsman considers appropriate.

(5)

If the Ombudsman was informed of any party’s intention to attend or be represented at the hearing and that party does not attend, is not represented and has not sent written representations in accordance with paragraph (3), the Ombudsman may—

(a)

adjourn the hearing; or

(b)

conduct the hearing and determine the matter on the basis of the evidence before him, without providing a further opportunity for that party to make oral or written representations in respect of it.

(6)

For the purposes of an oral hearing, the Ombudsman has the same power as a court in respect of—

(a)

the attendance and the examination of witnesses, including the examination of witnesses abroad; and

(b)

the production of documents.

(7)

At an oral hearing, the Ombudsman—

(a)

may receive evidence of any fact which appears to him to be relevant, notwithstanding that the evidence would be inadmissible in civil proceedings before a court; and

(b)

must admit evidence that—

(i)

would be admissible in such proceedings, and

(ii)

is relevant.

(8)

In paragraphs (6) and (7), “court” means—

(a)

in England and Wales, or in Northern Ireland, a county court; and

(b)

in Scotland, the sheriff court of any sheriffdom in Scotland.