Paragraph 5 Power to require attendance of witnesses and production of documents, etc.

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch.3, rule 5 am. Sch.4, rule 3 substituted by Employment Tribunals (Constitution and Rules of Procedure) 2000 regs.6,10 SI 1987, regs.7,1 O
Sch.4, rule 4 amended by Employment Tribunals (Constitution and Rules of Procedure) 2000 regs.8,10
Sch. 4 applied by Control of Major Accident Hazards 1999 reg. 18(6)

(1)

A tribunal may on the application of a party made either by notice to the Secretary or at the hearing–

(a)

require a party to furnish in writing to another party further particulars of the grounds on which he relies and of any facts and contentions relevant thereto;

(b)

grant to a party such discovery or inspection of documents as might be granted by a county court; and

(c)

require the attendance of any person as a witness or require the production of any document relating to the matter to be determined,

and may appoint the time at or within which or the place at which any act required in pursuance of this rule is to be done.

(2)

The tribunal shall not under paragraph (1) require the production of any document certified by the Secretary of State as being a document of which the production would be against the interests of national security.

(3)

A person on whom a requirement has been made under paragraph (1) may apply to the tribunal either by notice to the Secretary or at the hearing to vary or set aside the requirement.

(4)

No such application to vary or set aside shall be entertained in a case where a time has been appointed under paragraph (1) in relation to the requirement unless it is made before the time or, as the case may be, expiration on the time so appointed.

(5)

Every document containing a requirement under paragraph (1)(b) or (c) shall contain a reference to the fact that under paragraph 1(7) of Schedule 9 to the 1978 Act any person who without reasonable excuse fails to comply with any such requirement shall be liable on summary conviction to a fine, and the document shall state the amount of the current maximum fine.