Foyle Fisheries Act (Northern Ireland) 1952

Prospective

[F1 Directions and witnesses N.I.

F1 Schs. 3A, 3B inserted (prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(2), Sch. 1 (with art. 32)

14 (1) The Appeals Board may at any time, on the request of a party or of its own motion, give such directions as are provided for in sub-paragraph (2) or such other directions as it thinks fit to secure the just, expeditious and economical conduct of the proceedings. N.I.

(2) The Appeals Board may give directions—

(a) as to the manner in which the proceedings are to be conducted and, in particular, as to whether any part of the proceedings should take the form of an oral hearing;

(b) as to any time limits to be observed, including any time limits in respect of the conduct of any oral hearing;

(c) for any party to file a reply to the response or other pleadings;

(d) requiring persons to attend and give evidence or to produce documents;

(e) as to the evidence which may be required or admitted in proceedings before the Appeals Board and the extent to which it shall be oral or written, including, where a witness statement has been submitted, whether the witness is to be called to give oral evidence;

(f) as to the submission in advance of a hearing of any witness statements or expert reports;

(g) as to the examination or cross-examination of witnesses;

(h) as to the fixing of time limits with respect to any aspect of the proceedings;

(i) as to the abridgement or extension of any time limits, whether or not expired;

(j) for the disclosure between, or the production by, the parties of documents or classes of documents;

(k) in relation to the inspection of any area;

(l) for the appointment and instruction of experts, whether by the Board or by the parties and the manner in which expert evidence is to be given; and

(m) for the award of costs or expenses, including any allowances payable to persons in connection with their attendance before the Appeals Board;

(n) in relation to such other matters as it thinks fit.

(3) The Appeals Board may, in particular, of its own motion—

(a) put questions to any party to the appeal;

(b) invite any party to the appeal to make written or oral submissions on certain aspects of the proceedings;

(c) ask any party to the appeal for information or particulars;

(d) ask any party to the appeal to produce any documents or papers relating to the appeal.

(4) A request by a party for directions shall be made, as far as practicable, in the notice of appeal or response.

(5) A request for directions made otherwise than in the notice of appeal or response shall be made in writing and shall be—

(a) served by the Appeals Board on any party to the appeal who might be affected by such directions; and

(b) determined by the Appeals Board taking into account the observations of the parties.

15 (1) Subject to sub-paragraphs (2) and (3), the Appeals Board may at any time, either of its own motion or on the request of any party, issue a summons, requiring any person to do one or both of the following— N.I.

(a) to attend as a witness before the Appeals Board 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 proceedings.

(2) A request by a party for the issue of a summons under this paragraph shall specify—

(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 under this paragraph unless—

(a) he has been given at least 7 days notice of the hearing; and

(b) he is paid such sum as the Appeals Board may determine.

(4) The Appeals Board may make the summoning of a witness on the request of a party conditional upon the deposit with the Appeals Board of a sum determined by the Appeals Board as sufficient to cover—

(a) the costs of the summons;

(b) the sum referred to in sub-paragraph (3)(b).

(5) The Appeals Board shall advance the funds necessary in connection with the examination of any witnesses summoned by the Appeals Board on its own motion.

(6) If any person—

(a) on being duly summoned to attend as a witness before the Appeals Board does not attend; or

(b) being in attendance, refuses to produce any document or other material in his possession or under his control which he is lawfully required to produce, or to answer any question which he is lawfully required to answer,

he shall be guilty of an offence under this paragraph and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

16 N.I. If any party fails to comply with any direction given in accordance with this Schedule, the Appeals Board may, if it considers that the justice of the case so requires, order that such party be debarred from taking any further part in the proceedings without the permission of the Appeals Board.]