Civil Aviation Act 2012

Oral hearings U.K.

25 (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 [F1 Competition and Markets Authority] considering an application under paragraph 1 for permission to appeal,

(b) an authorised member of the [F1 Competition and Markets Authority] considering an application under paragraph 4 for permission to intervene,

(c) an authorised member of the [F1 Competition and Markets Authority] considering an application under paragraph 9 or 12 for a direction, and

(d) a group with the function of determining an appeal.

(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) [F2 An authorised member of the Competition and Markets Authority] 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), or

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

(5) A person who gives oral evidence at the hearing may be cross-examined by or on behalf of a party to the appeal, subject to sub-paragraph (6).

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

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

(a) [F3 there is no requirement] to give notice to that person under sub-paragraph (3), and

(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 appropriate court.

(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, [F4 an authorised member of the Competition and Markets Authority must arrange for the person to be paid] the necessary expenses of attendance.

(10) A notice under this paragraph may be given [F5 on behalf of the Competition and Markets Authority by an authorised member of the Competition and Markets Authority].

Textual Amendments

F1 Words in Sch. 2 para. 25(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(25)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Words in Sch. 2 para. 25(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(25)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Words in Sch. 2 para. 25(7)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(25)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 Words in Sch. 2 para. 25(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(25)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 Words in Sch. 2 para. 25(10) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(25)(e); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I1 Sch. 2 para. 25 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)