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The Residential Property Tribunal Procedures and Fees (Wales) Regulations 2012

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Expert evidence

25.—(1) In this regulation “expert” (“arbenigwr”) means an independent expert who is not an employee of a party.

(2) Subject to paragraph (4) a party may adduce expert evidence, and in doing so must—

(a)provide the tribunal with a written summary of the evidence; and

(b)subject to paragraph (5), supply a copy of that written summary to each other party at least 7 days before—

(i)the date of the relevant oral hearing notified in relation to the application under regulation 28; or

(ii)the date notified under regulation 21 upon which the application will be determined without an oral hearing.

(3) An expert’s written summary of evidence must—

(a)be addressed to the tribunal;

(b)include details of the expert’s qualifications;

(c)contain a summary of the instructions the expert has received for the making of the report; and

(d)contain a statement that the expert understands and has complied with the duty to assist the tribunal on the matters within the expert’s expertise, overriding any obligation to the person from whom the expert has received instructions or by whom the expert is employed or paid.

(4) Where the tribunal gives a direction, under its general power in section 230(2) of the 2004 Act, that a party may not adduce expert evidence without its permission, it may specify as a condition of that permission that—

(a)the expert’s evidence must be limited to such matters as the tribunal directs;

(b)the expert must attend a hearing to give oral evidence; or

(c)the parties must jointly instruct the expert.

(5) The time limit in paragraph (2)(b) may be dispensed with or relaxed if the tribunal is satisfied that the parties have received sufficient notice.

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