F1SCHEDULE 5AProcedure for appeals under section 11C
Oral hearings
7.
(1)
For the purposes of this Schedule an oral hearing may be held, and evidence may be taken on oath—
(a)
by a person considering an application for permission to bring an appeal under paragraph 1;
(b)
by a person considering an application for a direction under paragraph 2; or
(c)
by a group with the function of determining an appeal;
and, for that purpose, such a person or group may administer oaths.
(2)
The Commission 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 person or group mentioned in sub-paragraph (1).
(3)
At any oral hearing the person or group conducting the hearing may require—
(a)
the appellant, or the Authority, if present at the hearing to give evidence or to make representations or observations; or
(b)
a person attending the hearing as a representative of the appellant or of the Authority to make representations or observations.
(4)
A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any party to the appeal.
(5)
If the appellant, the Authority, or the appellant’s or Authority’s representative is not present at a hearing—
(a)
the Commission is not required to give notice to that person under sub-paragraph (2); and
(b)
the person or group conducting the hearing may determine the application or appeal without hearing that person’s evidence, representations or observations.
(6)
No person is to be compelled under this paragraph to give evidence which that person could not be compelled to give in civil proceedings in the High Court or Court of Session.
(7)
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 Commission must pay that person the necessary expenses of attendance.
(8)
A notice for the purposes of this paragraph may be issued on the Commission’s behalf by any member of the Commission or by its secretary.