The Human Fertilisation and Embryology (Appeals) Regulations 2009

Power to require witnesses and documents

22.—(1) Subject to paragraph (3), the Committee may by notice require any person (“P”) in the United Kingdom to produce any documents in P’s custody or control which the Committee considers relevant to the proceedings before it and P must do so.

(2) Subject to paragraph (3), the Committee may by notice require any person except the appellant to attend as a witness at a hearing of an appeal at such time and place as may be specified in the notice.

(3) A person shall not be required in obedience to a notice under paragraph (1) or (2) to attend and give evidence or to produce any document unless—

(a) that person has been given at least 7 days notice of the hearing or, if less than 7 days, has accepted such notice by informing the Committee; and

(b) except in the case of the appellant, confirmation has been provided that reasonable and necessary travel and subsistence expenses will be paid by the Authority.

(4) The Committee may, on an application by a person to whom it is addressed, set aside or vary a notice under paragraph (1).

(5) A person shall not be compelled to give any evidence or produce any document or other material that they could not be compelled to give or produce on a trial of any action in a civil court of law in that part of the United Kingdom where the hearing before the Committee is to take place.

(6) Each notice under paragraph (1)—

(a) must contain a statement to the effect that the person to whom it is addressed may apply to the Committee to vary or set aside the notice; and

(b) must refer to the fact that under section 41(7) (offences) of the Act a person who without reasonable excuse fails to comply with the requirement of that section is guilty of an offence and is liable on summary conviction for a term of imprisonment not exceeding six months or a fine not exceeding level five on the standard scale or both.