SCHEDULES

SCHEDULE 22Procedure for appeals under section 173

Oral hearings

I19

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;

b

by a person considering an application for a direction under paragraph 2 or 3; 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 applicant, or the appellant or any intervener, if he is present at the hearing, or

b

a person attending the hearing as a representative of a person mentioned in paragraph (a) or of GEMA,

to give evidence or 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 a person is not present at a hearing to be subjected to a requirement under sub-paragraph (3)—

a

the Commission is not required to give notice to him under sub-paragraph (2); and

b

the person or group conducting the hearing may determine the application or appeal without hearing his evidence, representations or observations.

6

No person is to be compelled under this paragraph to give evidence which he 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 ten miles from his place of residence, the Commission must pay him the necessary expenses of his 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.