Paragraph 9 I1

England, Wales and Scotland

(1)

For the purposes of this Schedule an oral hearing may be held, and evidence may be taken on oath—

(a)

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

(b)

by a person considering an application for a direction under paragraph 2 or 3; or

(c)

by a group with the function of determining an appeal;

and, for that purpose, such a person or group may administer oaths.

(2)

The F1CMA 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 group mentioned in sub-paragraph (1).

(3)

At any oral hearing the person or group conducting the hearing may require—

(a)

the applicant, or the appellant or any intervener, if he is present at the hearing, or

(b)

a person attending the hearing as a representative of a person mentioned in paragraph (a) or of GEMA,

to give evidence or to make representations or observations.

(4)

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

(5)

If a person is not present at a hearing to be subjected to a requirement under sub-paragraph (3)—

(a)

F2there is no requirement to give notice to him under sub-paragraph (2); and

(b)

the person or group conducting the hearing may determine the application or appeal without hearing his evidence, representations or observations.

(6)

No person is to be compelled under this paragraph to give evidence which he could not be compelled to give in civil proceedings in the High Court or Court of Session.

(7)

Where a person is required under this paragraph to attend at a place more than ten miles from his place of residence, F3an authorised member of the CMA must arrange for that person to be paid the necessary expenses of his attendance.

(8)

A notice for the purposes of this paragraph may be issued on the F4CMA's behalf by an authorised member of the CMA.

Annotations

Textual amendments

F1: Word in Sch. 22 para. 9(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 107(10)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2: Words in Sch. 22 para. 9(5)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 107(10)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3: Words in Sch. 22 para. 9(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 107(10)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4: Words in Sch. 22 para. 9(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 107(10)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement

I1: Sch. 22 para. 9 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1