Deregulation (Model Appeal Provisions) Order (Northern Ireland) 1997

Summoning or citing of witnesses

29.—(1) Subject to paragraphs (2) and (3), the tribunal may, on the application of either party, issue a summons, requiring any person in Northern Ireland—

(a) to attend as a witness at the hearing, at the time and place set out in the summons; and

(b) to answer any questions or produce any documents or other material in his possession or under his control which relate to any matter in question in the appeal.

(2) No person may be required to attend in compliance with a summons under this rule unless—

(a) he has been given at least seven days' notice of the hearing; and

(b) he is paid the necessary expenses of his attendance.

(3) No person may be required in compliance with a summons under this rule to give any evidence or produce any document or other material that he could not be required to produce in legal proceedings.

(4) Where a person summoned under paragraph (1)—

(a) refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or

(b) having been so summoned, refuses to be sworn or to give evidence,

a judge may, on the application of the Chairman, exercise his powers under Articles 54 and 55 of the County Courts (Northern Ireland) Order 1980(1) in relation to that person as though the person had been summoned in pursuance of County Court Rules as a witness in a county court.

(5) In this rule, “legal proceedings” means proceedings in a county court.

(1)

S.I. 1980/397 (N.I. 3)