Paragraph 15 Evidence and submissions

(1)

Without restriction on the general powers in rule 4 (case management powers), the First-tier Tribunal may give orders as to—

(a)

issues on which it requires evidence or submissions;

(b)

the nature of any such evidence or submissions;

(c)

whether the parties are permitted to provide expert evidence;

(d)

any limit on the number of witnesses whose evidence a party may put forward, whether in relation to a particular issue or generally;

(e)

the manner in which any evidence or submissions are to be provided, which may include an order for them to be given—

(i)

orally at a hearing; or

(ii)

by written submissions or witness statement; and

(f)

the time at which any evidence or submissions are to be provided.

(2)

The First-tier Tribunal may exclude evidence that would otherwise be admissible where—

(a)

the evidence was not, without reasonable excuse, provided within the time allowed by an order or a practice direction;

(b)

the evidence was otherwise, without reasonable excuse, provided in a manner that did not comply with an order or practice direction; or

(c)

the Tribunal considers it would otherwise be unfair to admit the evidence.

(3)

The First-tier Tribunal may admit evidence whether or not—

(a)

the evidence would be admissible in civil proceedings in Scotland; or

(b)

the evidence was available to a previous decision maker.

(4)

The First-tier Tribunal may consent to a witness giving, or require any witness to give, evidence on oath, and may administer an oath for that purpose.