The Building Societies Appeal Tribunal Regulations 1987

Evidence and procedure at hearing

13.—(1) For the purposes of the appeal the chairman may, on the application of a party to the appeal or on his own motion, by direction given at the preliminary hearing or by notice in writing require any person, at a time and place stated in the direction or notice, to attend and give evidence or produce any document in that person’s custody or under his control which relates to any matter in question at the hearing; provided that–

(a) no person shall be required, in obedience to such direction or notice, to attend and give evidence or to produce any such document unless the necessary expenses of his attendance are paid or tendered to him; and

(b) no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce if the hearing were a proceeding in a court of law in that part of the United Kingdom where the appeal is to be determined; and

(c) in exercising the power conferred by this paragraph the chairman shall take into account, in particular, the need to protect commercially sensitive information relating to a person not a party to the appeal.

(2) Except where the chairman otherwise directs, a witness shall not be obliged to attend and give evidence or produce any document in obedience to a direction of or notice from the chairman unless that direction or notice has been served on him not less than 5 days before the day appointed for the hearing.

(3) The chairman may set aside any direction or notice under this regulation on the application of the person to whom the direction was addressed but shall not do so without first notifying any person who applied for the direction and considering any representations made by that person.

(4) The secretary shall supply a copy of any documents obtained under this regulation to any party to the appeal if that party does not already have a copy of the document and it shall be a condition of such supply that the information so supplied shall be used only for the purposes of the appeal.

(5) The hearing shall, subject to section 48(2) of the Act, be in private unless, at the preliminary hearing or at any other time the chairman directs that the hearing or any part of it shall be in public, but nothing in this paragraph shall prevent a member of the Council on Tribunals or the Scottish Committee of the Council on Tribunals from attending the hearing, and (with the consent of the parties to the appeal) any deliberations of the Tribunal, in his capacity as such.

(6) The appellant and the Commission may appear at the hearing and may be represented by counsel or solicitor or by any other person.

(7) At the hearing the appellant and the Commission shall each be entitled to make an opening statement, to call witnesses to give evidence, to cross examine witnesses called by the other party and to make a final statement.

(8) Where the building society is entitled to be heard in accordance with section 48(2) of the Act, it may be represented by counsel or solicitor or by any other person or may make written representations.

(9) The Tribunal may require any witness to give evidence on oath or affirmation which may be administered for that purpose by the chairman.

(10) Subject to paragraph (1), evidence may be admitted by the Tribunal whether or not it would be admissible in a court of law.

(11) If the appellant or the Commission shall fail to appear or be represented at the time and place fixed for the hearing, the Tribunal may proceed with the hearing or adjourn it to a later date; and if it proceeds with the hearing, it shall take into consideration any written representations which may have been submitted by either party or, in the case of an appeal under section 46(2) of the Act, by the building society concerned, whether in accordance with any provision contained in these Regulations or otherwise.

(12) The Tribunal may from time to time adjourn the hearing and, if the date, time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.