Article 17 Summoning of witnesses

(1)

Any party may apply to the Tribunal for a summons to require any person to—

(a)

attend, at such time and place as is specified in the summons, to give evidence as a witness;

(b)

file, within the time specified in the summons, any document in his custody or under his control which the Tribunal considers it necessary to examine; or

(c)

both attend and file in accordance with sub-paragraphs (a) and (b).

(2)

Any summons issued by the Tribunal under paragraph (1) must—

(a)

state the name and address of the person to be summoned; and

(b)

be signed on behalf of the Tribunal,

and it is the responsibility of the party who made the application under paragraph (1) to serve the summons.

(3)

No person may be required under this rule to file a document where the Tribunal is satisfied that a ground in rule 8(2) applies in relation to the document and, for the purpose of satisfying itself in respect of any such document, the Tribunal may—

(a)

require that the document be produced to the Tribunal;

(b)

conduct any hearing in the absence of any party; and

(c)

invite any party to make representations.

(4)

The person to whom a summons is addressed must be given not less than 7 days notice of their obligations under paragraph (1).

(5)

Every summons under paragraph (1) must contain a statement warning of the effect of failing to comply with the summons.

(6)

The Tribunal may, upon the application of the person to whom the summons is addressed, direct that the summons be set aside or varied.

(7)

If a person, without reasonable excuse, fails to comply with a summons, he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)

At the time of service of a summons under paragraph (1) a person must be offered or paid a sum to cover his expenses in travelling to and from the Tribunal by the party serving the Summons.