Transport Act 2000

[F1 Oral hearings U.K.

Textual Amendments

F1 Sch. A1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 9(4), 21(3)-(7), Sch. 4; S.I. 2021/748, reg. 2(a)

18 (1) For the purposes of this Schedule the following persons may hold an oral hearing and take evidence on oath— U.K.

(a) an authorised member of the CMA considering an application under paragraph 1 for permission to appeal;

(b) an authorised member of the CMA considering an application under paragraph 4 for permission to intervene;

(c) an authorised member of the CMA considering an application under paragraph 6 for a direction;

(d) a group with the function of determining an appeal under section 19A.

(2) In the course of holding such a hearing and taking such evidence, a person or group described in sub-paragraph (1) may administer oaths.

(3) An authorised member of the CMA may by notice require a person—

(a) to attend at a time and place specified in the notice, and

(b) at that time and place, to give evidence to a member or group described in sub-paragraph (1).

(4) At an oral hearing, the member or group conducting the hearing may require the following persons to give evidence or to make representations—

(a) the applicant, the appellant or any intervener (if present);

(b) a person attending a hearing as a representative of the applicant, the appellant, an intervener or the CAA.

(5) Subject to sub-paragraph (6), a person who gives oral evidence at the hearing may be cross-examined by or on behalf of—

(a) the appellant;

(b) an intervener;

(c) the CAA.

(6) Such a person may be cross-examined by or on behalf of an intervener only with the leave of the member or group conducting the hearing.

(7) If the applicant, the appellant, an intervener or a representative of any such person or the CAA is not present at a hearing—

(a) there is no requirement to give notice to that person under sub-paragraph (3);

(b) the member or group conducting the hearing may determine the application or appeal without hearing that person's evidence or representations.

(8) A person may not be required under this paragraph to give evidence that the person could not be compelled to give in civil proceedings before the High Court or, in Scotland, the Court of Session.

(9) Where a person is required under this paragraph to attend at a place more than 16 kilometres from the person's place of residence, an authorised member of the CMA must arrange for the person to be paid the necessary expenses of attendance.

(10) A notice under this paragraph may be given on behalf of the CMA by an authorised member of the CMA.]