Health and Social Care Act 2012

Oral hearings E+W

7 (1) For the purposes of this Schedule, an oral hearing may be held, and evidence may be taken on oath by [F1 the CMA]. E+W

(2) [F2 The CMA] may administer oaths for the purposes of this Schedule.

(3) The [F3 CMA] 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 [F4 CMA] may by notice require a person—

(a) to attend at a time and place specified in the notice, and

(b) to give evidence [F5 to it] at that time and placeF6 ....

(5) At an oral hearing, the [F7 CMA] 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 [F8 CMA] is not obliged to require the person to attend the hearing, and

(b) the [F9 CMA] 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 [F10 CMA] must pay the person the necessary expenses of attending.

Textual Amendments

F1 Words 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.)

F2 Words 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.)

F3 Word 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.)

F4 Word 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.)

F5 Words 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.)

F6 Words 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.)

F7 Word 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.)

F8 Word 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.)

F9 Word 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.)

F10 Word 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

I1 Sch. 12 para. 7 in force at 1.9.2013 for specified purposes by S.I. 2013/671, art. 2(5)

I2 Sch. 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)