Health and Social Care Act 2012, Paragraph 7 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
7(1)For the purposes of this Schedule, an oral hearing may be held, and evidence may be taken on oath by [F1the CMA].E+W
(2)[F2The CMA] may administer oaths for the purposes of this Schedule.
(3)The [F3CMA] must give notice to each objector who has made representations in accordance with paragraph 2 of the time and place at which an oral hearing is to be held.
(4)The [F4CMA] may by notice require a person—
(a)to attend at a time and place specified in the notice, and
(b)to give evidence [F5to it] at that time and placeF6....
(5)At an oral hearing, the [F7CMA] may require a person who comes within sub-paragraph (6), if present at the hearing, to give evidence or to make representations.
(6)A person comes within this sub-paragraph if the person is—
(a)an objector who has made representations in accordance with paragraph 2,
(b)a person attending the hearing as a representative of a person mentioned in paragraph (a), or
(c)a person attending the hearing as a representative of Monitor.
(7)A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any other person who is present at the hearing and comes within sub-paragraph (6).
(8)If a person is not present at a hearing and so cannot be made subject to a requirement under sub-paragraph (5)—
(a)the [F8CMA] is not obliged to require the person to attend the hearing, and
(b)the [F9CMA] may make a determination on the reference without hearing that person's evidence or representations.
(9)Where a person is required under this paragraph to attend at a place more than 10 miles from that person's place of residence, the [F10CMA] must pay the person the necessary expenses of attending.
Textual Amendments
F1Words in Sch. 12 para. 7(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(8)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Words in Sch. 12 para. 7(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(8)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Word in Sch. 12 para. 7(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(8)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Word in Sch. 12 para. 7(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(8)(d)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5Words in Sch. 12 para. 7(4)(b) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(8)(d)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F6Words in Sch. 12 para. 7(4)(b) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(8)(d)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F7Word in Sch. 12 para. 7(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(8)(e); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F8Word in Sch. 12 para. 7(8)(a) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(8)(f)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F9Word in Sch. 12 para. 7(8)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(8)(f)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F10Word in Sch. 12 para. 7(9) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 139(8)(g); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Commencement Information
I1Sch. 12 para. 7 in force at 1.9.2013 for specified purposes by S.I. 2013/671, art. 2(5)
I2Sch. 12 para. 7 in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
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