OpenLegislation

Regulation 15 Oral hearings

Original text. Later amendments are not shown.

(1)

For the purposes of determining an appeal or any application under these Regulations, an oral hearing may be held.

(2)

Evidence may be taken on oath and oaths may be administered—

(a)

by the person considering an application for permission to bring an appeal;

(b)

by the person considering an application for a direction under regulation 7 or 8; or

(c)

by the CMA group determining an appeal.

(3)

The CMA or an authorised member of the CMA must give notice of the time and place of the oral hearing to any applicant, appellant or intervener and the Authority and may by notice require a person—

(a)

to attend at a time and place specified in the notice; and

(b)

at that time and place, to give evidence to a person or the CMA group mentioned in paragraph (2).

(4)

At any oral hearing, the person or CMA group conducting the hearing may require the following persons to give evidence or to make representations or observations—

(a)

any applicant, appellant or intervener, if they are present at the hearing; or

(b)

a person attending the hearing as a representative of a person mentioned in sub-paragraph (a) or of the Authority.

(5)

A person who gives oral evidence at the hearing may be cross-examined by or on behalf of the applicant or any party to the appeal.

(6)

If a person is not present at a hearing to be subjected to a requirement under paragraph (4), the person or CMA group conducting the hearing may determine the application or appeal without hearing that person’s evidence, representations or observations.

(7)

No person is to be compelled under this regulation to give evidence which that person could not be compelled to give in civil proceedings in the High Court.

(8)

Where a person is required under this regulation to attend at a place more than 10 miles from their place of residence, an authorised member of the CMA must, if requested, arrange for that person to be paid the necessary expenses of their attendance.