PART V

PREPARATION FOR DECIDING THE APPLICATION

Summoning or citing of witnesses
21
1
Subject to paragraphs (2) and (3) below, the tribunal may at any time, either of its own motion or on the request of any party, issue a summons, (or in relation to proceedings taking place in Scotland, a citation), requiring any person wherever he may be in the United Kingdom to do one or both of the following–
a
to attend as a witness before the tribunal at the time and place set out in the summons or citation; 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 proceedings.
2
A request by a party for the issue of a summons or citation or for directions under this rule shall state with reasons–
a
upon which facts the witness is to be questioned and the reasons for the examination;
b
the documents required to be produced.
3
No person may be required to attend in compliance with a summons or citation under this rule unless–
a
he has been given at least 7 days notice of the hearing; and
b
he is paid–
i
if the proceedings are taking place before a tribunal in England and Wales, such sum as would be recoverable by that witness in respect of his attendance in proceedings before the Supreme Court of England and Wales;
ii
if the proceedings are taking place before a tribunal in Scotland, such sum as would be recoverable by that witness in respect of his attendance in proceedings before the Court of Session; and
iii
if the proceedings are taking place before a tribunal in Northern Ireland, such sum as would be recoverable by that witness in respect of his attendance in proceedings before the Supreme Court of Northern Ireland.
4
The tribunal may make the summoning or citation of a witness in accordance with paragraph (1) above conditional upon the deposit with the Registrar of a sum determined by the tribunal as sufficient to cover–
a
the costs of the summons or citation;
b
the sum referred to in sub-paragraph (3)(b) of this rule.
5
The Registrar shall advance the funds necessary in connection with the examination of any witnesses summoned by the tribunal on its own motion.