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Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 1996

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Attendance of witnesses and discovery

7.—(1) A tribunal may on the application of the appellant or the Board made either by notice to the Secretary or at the hearing of the appeal or of its own motion make an order as may be granted by the county court to—

(a)require one party to grant to another discovery and inspection (including the taking of copies) of documents; or

(b)require the attendance of any person including a party as a witness, wherever such person may be within Northern Ireland; and if it does so require the attendance of a person, to require him to produce any document in his possession or power which relates to the appeal,

and may appoint the time and place at which the person is to attend and where appropriate the time at or within which and the place at which any such document is to be produced.

(2) Where a requirement has been imposed under paragraph (1)—

(a)on a party in his absence; or

(b)on a person other than a party,

that party or person may make an application to the tribunal to vary or set aside the requirement by notice to the Secretary given before the time at which or, as the case may be, the expiration of the time within which the requirement is to be complied with; and the Secretary shall give notice of the application to each party or, where applicable, to each other party.

(3) Every document containing a requirement imposed under paragraph (1) shall contain a reference to the fact, that, under Article 59(11) of the No. 1 Order 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.

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