SCHEDULES
SCHEDULE 22Procedure for appeals under section 173
Oral hearings
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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.