Foyle Fisheries Act (Northern Ireland) 1952

Prospective

[F1 14 (1) The Appeals Board may at any time, on the request of a party or of its own motion, give such directions as are provided for in sub-paragraph (2) or such other directions as it thinks fit to secure the just, expeditious and economical conduct of the proceedings. N.I.

(2) The Appeals Board may give directions—

(a) as to the manner in which the proceedings are to be conducted and, in particular, as to whether any part of the proceedings should take the form of an oral hearing;

(b) as to any time limits to be observed, including any time limits in respect of the conduct of any oral hearing;

(c) for any party to file a reply to the response or other pleadings;

(d) requiring persons to attend and give evidence or to produce documents;

(e) as to the evidence which may be required or admitted in proceedings before the Appeals Board and the extent to which it shall be oral or written, including, where a witness statement has been submitted, whether the witness is to be called to give oral evidence;

(f) as to the submission in advance of a hearing of any witness statements or expert reports;

(g) as to the examination or cross-examination of witnesses;

(h) as to the fixing of time limits with respect to any aspect of the proceedings;

(i) as to the abridgement or extension of any time limits, whether or not expired;

(j) for the disclosure between, or the production by, the parties of documents or classes of documents;

(k) in relation to the inspection of any area;

(l) for the appointment and instruction of experts, whether by the Board or by the parties and the manner in which expert evidence is to be given; and

(m) for the award of costs or expenses, including any allowances payable to persons in connection with their attendance before the Appeals Board;

(n) in relation to such other matters as it thinks fit.

(3) The Appeals Board may, in particular, of its own motion—

(a) put questions to any party to the appeal;

(b) invite any party to the appeal to make written or oral submissions on certain aspects of the proceedings;

(c) ask any party to the appeal for information or particulars;

(d) ask any party to the appeal to produce any documents or papers relating to the appeal.

(4) A request by a party for directions shall be made, as far as practicable, in the notice of appeal or response.

(5) A request for directions made otherwise than in the notice of appeal or response shall be made in writing and shall be—

(a) served by the Appeals Board on any party to the appeal who might be affected by such directions; and

(b) determined by the Appeals Board taking into account the observations of the parties.]

F1 Schs. 3A, 3B inserted (prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(2), Sch. 1 (with art. 32)