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Energy Act 2004
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- 2004 c. 20
- SCHEDULE 22
- Oral hearings
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Changes and effects yet to be applied to Schedule 22 Crossheading Oral-hearings:
Changes and effects
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- s. 125-125C substituted for s. 125 by 2008 c. 27 Sch. 7 para. 2
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by S.I. 2006/772 rule 68
- Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 59A inserted by 2005 c. 15 Sch. 4 para. 199
- s. 105A inserted by 2008 c. 32 s. 69(4)
- s. 110A 110B inserted by 2008 c. 32 s. 70(1)
- s. 112A inserted by 2008 c. 32 s. 71
- s. 121A inserted by S.I. 2008/1888 reg. 2
- s. 131A-131C inserted by 2008 c. 27 Sch. 7 para. 6
Commencement Orders yet to be applied to the Energy Act 2004:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2004/1973 art. 2 commences (2004 c. 20)
- S.I. 2004/2184 art. 2 commences (2004 c. 20)
- S.I. 2004/2575 art. 2 Sch. 1 2 commences (2004 c. 20)
- S.I. 2005/442 art. 2 commences (2004 c. 20)
- S.I. 2005/877 art. 2 commences (2004 c. 20)
- S.I. 2005/2965 art. 2-4 commences (2004 c. 20)
- S.I. 2006/1964 art. 2 commences (2004 c. 20)
- S.I. 2007/1091 art. 2 commences (2004 c. 20)
- S.I. 2009/1269 art. 2 3 commences (2004 c. 20)
- S.I. 2010/1889 art. 2 commences (2004 c. 20)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2008/2550 art. 2 Sch. commences (2007 c. 17)
- S.I. 2009/45 art. 2-4 Commencement Order
- S.I. 2009/2809 art. 2 commences (2008 c. 32)
- S.I. 2010/298 art. 2 Sch. commences (2009 c. 23)
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2011/1066 art. 2 commences (2010 c. 15)
- S.S.I. 2011/58 art. 2 3 commences (2010 asp 5)
Prospective
Oral hearingsE+W+S
9(1)For the purposes of this Schedule an oral hearing may be held, and evidence may be taken on oath—E+W+S
(a)by a person considering an application for permission to bring an appeal;
(b)by a person considering an application for a direction under paragraph 2 or 3; or
(c)by a group with the function of determining an appeal;
and, for that purpose, such a person or group may administer oaths.
(2)The Commission may, by notice, require a person—
(a)to attend at a time and place specified in the notice; and
(b)at that time and place, to give evidence to a person or group mentioned in sub-paragraph (1).
(3)At any oral hearing the person or group conducting the hearing may require—
(a)the applicant, or the appellant or any intervener, if he is present at the hearing, or
(b)a person attending the hearing as a representative of a person mentioned in paragraph (a) or of GEMA,
to give evidence or to make representations or observations.
(4)A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any party to the appeal.
(5)If a person is not present at a hearing to be subjected to a requirement under sub-paragraph (3)—
(a)the Commission is not required to give notice to him under sub-paragraph (2); and
(b)the person or group conducting the hearing may determine the application or appeal without hearing his evidence, representations or observations.
(6)No person is to be compelled under this paragraph to give evidence which he could not be compelled to give in civil proceedings in the High Court or Court of Session.
(7)Where a person is required under this paragraph to attend at a place more than ten miles from his place of residence, the Commission must pay him the necessary expenses of his attendance.
(8)A notice for the purposes of this paragraph may be issued on the Commission’s behalf by any member of the Commission or by its secretary.
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