Search Legislation

Advanced Search

The Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012

Status:

This is the original version (as it was originally made).

Procedure at inquiry

This section has no associated Explanatory Memorandum

4.—(1) Except as otherwise provided in this Schedule, the Department shall determine the procedure at an inquiry.

(2) Subject to sub-paragraph (5), a person entitled to appear at an inquiry in accordance with paragraph 3 shall be entitled to give evidence, call witnesses, to cross examine witnesses and to address the Department both on the evidence and generally on the subject matter of the proceedings.

(3) The giving of evidence, the calling of witnesses, the cross examination of witnesses and the making of such addresses by other persons appearing at an inquiry shall be at the Department’s discretion.

(4) Subject to sub-paragraph (5), any person present at an inquiry may submit any written evidence or other matter in writing before the close of the inquiry.

(5) Without prejudice to sub-paragraph (3), the Department may refuse to permit—

(a)the giving or calling of evidence;

(b)cross examination of persons giving evidence; or

(c)the presentation of any other matter,

which it considers to be irrelevant, repetitious, frivolous or vexatious.

(6) The Department may require any person appearing or present at an inquiry who, in its opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return.

(7) The Department may proceed with an inquiry in the absence of any person entitled to appear, but if it was required to give such a person notice of the inquiry under paragraph 1 it shall not so proceed in the person’s absence unless—

(a)it is satisfied that such notice had been duly given; or

(b)it decides to proceed with the inquiry under paragraph 6 on the basis that no injustice would be caused to the person as a result of such notice not having been duly given.

(8) The Department shall not take into account any written evidence or other matter in writing received from any person before an inquiry opens or during any inquiry unless it discloses it at the inquiry.

(9) The Department may from time to time adjourn an inquiry.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources