The Police Appeals Tribunals (Scotland) Rules 1996

Attendance of witnesses and production of documents

10.—(1) For the purposes of requiring any person to attend a hearing fixed in accordance with rule 9 and to give evidence thereat, or to produce documents which relate to any matter in question at such a hearing, the provisions of subsections (4) and (5) of section 210 of the Local Government (Scotland) Act 1973(1) shall apply as if—

(a) references to a local inquiry were references to such a hearing;

(b) references to the person appointed to hold the inquiry, or to the person holding the inquiry, were references to the chairman of the tribunal; and

(c) the reference to “this section” in subsection (5) of section 210 were a reference to this rule.

(2) Subject to the following paragraph of this rule, the chairman of the tribunal may at any time exercise the powers conferred on him by paragraph (1) to require any person to attend to give evidence or to produce any books or other documents—

(a) on the application of a party; or

(b) where he is authorised to do so by the tribunal on its own motion.

(3) An application by a party for the purposes of paragraph (2) shall be made in writing to the Registrar and, unless it is accompanied by the written consent of the other party, the Registrar shall send a copy of the application to the other party.

(4) Where a party makes an application for the purposes of paragraph (2), which is not accompanied by the written consent of the other party, the chairman of the tribunal shall not determine the application until—

(a) except where the other party agrees, the period within which objections may be made has elapsed; and

(b) any objection has been considered by the tribunal.

(5) If the other party objects to the application within 7 days after the date on which the copy is sent to him, the tribunal shall consider the objection and, if it considers it necessary for the determination of the application, shall give the parties an opportunity of appearing before it.

(6) A party who is given the opportunity of appearing before the tribunal for the purpose mentioned in paragraph (5) may be represented by any person who may represent him at a hearing fixed in accordance with rule 9.

(7) Where any written notice requiring any person to attend to give evidence or to produce any books or other documents is made by virtue of this rule, the Registrar shall—

(a) forthwith send the notice signed by the chairman of the tribunal to the person who is named in the notice as the person subject to the requirement specified;

(b) send a copy of the notice—

(i) where the notice was sent to a person who is not a party, to the parties; or

(ii) where the notice was sent to one party, to the other party; and

(c) provide each member of the tribunal with a copy of the notice and enter particulars of the notice in the Police Appeals Tribunal Register.

(1)

1973 c. 65; section 210(5) was amended by virtue of the Criminal Procedure (Scotland) Act 1975 (c. 21), sections 289F and 289G (as inserted by the Criminal Justice Act 1982 (c. 48), section 54).