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39. (1) Subject to the provisions of rule 17(2) and (3), the written evidence sent to the osteopath in accordance with rule 12(2) should be admissible in documentary form without the necessity of calling witnesses to give that evidence orally.
(2) Subject to paragraph (1) above, the Committee may at its discretion at any hearing receive oral or documentary or other evidence of any fact or matter which appears to it relevant to the inquiry into the case before it, provided that where any fact or matter is tendered as evidence which would not be admissible as such if the proceedings were criminal proceedings in the United Kingdom the Committee shall not receive it unless after consultation with the legal assessor it is satisfied that its reception is necessary to enable it to perform its duty and that the interests of justice will not thereby be prejudiced.
(3) The Committee shall have the power to administer oaths and all evidence given orally shall be given on oath or be affirmed.
(4) The Committee may by summons require any person to attend at a time and place stated in the summons to give evidence or to produce any documents in his custody or under his control which relate to any matter in issue before the Committee and the Committeee shall pay the necessary expenses of attendance.
(5) Any person summoned to attend under the provisions of this rule shall be informed of the offence under section 32(2) of the Act which may be committed in the event on non-compliance.
(6) All parties to the proceedings may seek a summons of the Committee requiring persons to attend and give evidence or to produce documents before the Committee.
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