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The Goods Vehicles (Enforcement Powers) Regulations (Northern Ireland) 2012

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Hearings

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10.—(1) If—

(a)an application under regulation 9(1) is accompanied by a statement to the effect that the applicant wishes the Department to hold a hearing; or

(b)having received an application under regulation 9(1) the Department decides that it would be appropriate to hold a hearing before making a determination on the application,

the Department shall hold a hearing within 28 days of receipt of the application (subject to the power of the Department to extend the period in accordance with regulation 21).

(2) A hearing shall take place at the time and place specified by the Department in its notice of hearing.

(3) At a hearing the parties shall be entitled to give evidence, to call witnesses, to cross examine witnesses and to address the Department both on the evidence and generally on the subject matter of the proceedings.

(4) Subject to paragraph (5), a hearing shall be held in public.

(5) The Department may direct that the whole or any part of a hearing be held in private if it is satisfied that by reason of—

(a)the likelihood of disclosure of intimate personal or financial circumstances;

(b)the likelihood of disclosure of commercially sensitive information or information obtained in confidence; or

(c)exceptional circumstances not falling within sub-paragraph (a) or (b),

it is just and reasonable for it to do so.

(6) Where the hearing is held in private the Department may admit such persons as it considers appropriate.

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