OpenLegislation

Paragraph 5 Adjudicator’s power to require attendance of witnesses and production of documentsI1

England and Wales

(1)

The adjudicator may, by notice in writing served on any person (including a party to the proceedings), require that person—

(a)

to attend, at a time and place specified by the adjudicator, to give evidence at the hearing of an appeal; and

(b)

to produce any documents in that person’s custody or under that person’s control, relating to any matter in the proceedings,

and any such notice must contain a statement of the effect of sub-paragraphs (2) to (5) below.

(2)

A person in respect of whom a requirement has been made under sub-paragraph (1) may apply to the adjudicator to vary or set aside the requirement.

(3)

A person is bound to comply with a requirement under sub-paragraph (1) if that person has been given at least 7 days’ notice of the hearing or, if less than 7 days’ notice has been given, that person has informed the adjudicator that the shorter notice period is accepted.

(4)

No person, other than the appellant, is bound to comply with a requirement under sub-paragraph (1) unless the necessary expenses of that person’s attendance are paid or tendered to that person.

(5)

No person is required to give any evidence or produce any documents under sub-paragraph (1) which that person could not be required to give or produce in the trial of an action in a court of law.

Annotations

Commencement

I1

Sch. para. 5 in force at 2.9.2013, see reg. 1(1)

Notes on Schedule

Modifications

C1

Sch. applied (with modifications) (1.4.2018) by The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 (S.I. 2018/171), regs. 1(2), 19(1)