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The Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules 1995

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Procedure at any hearingE+W+S

15.—(1) At the beginning of any hearing the Pensions Ombudsman shall explain the order of proceeding which he proposes to adopt.

(2) Subject to this rule, the Pensions Ombudsman shall conduct the hearing in such manner as he considers appropriate to the clarification of the issues before him and generally to the just handling of the investigation; he shall so far as seems appropriate seek to avoid formality in the hearing.

(3) The parties to the investigation shall be heard in such order as the Pensions Ombudsman shall determine. They shall be entitled to give evidence, to call witnesses, to question any party to the investigation or witnesses and to address the Pensions Ombudsman both on the evidence and generally on the subject matter of the investigation.

(4) Evidence before the Pensions Ombudsman may be given orally or where the Pensions Ombudsman considers appropriate, by affidavit or written statement, but the Pensions Ombudsman may, if it is appropriate, at any stage of the hearing require the personal attendance of any deponent or maker of a written statement.

(5) The Pensions Ombudsman may receive evidence of any fact which appears to him to be relevant notwithstanding that such evidence would be inadmissible in proceedings before a court of law, but shall not refuse to admit any evidence which is admissible at law and is relevant.

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