The Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993

Attendance of witnesses and recovery of documents

7.—(1) On the application of the appellant or the Board made either by notice to the Secretary or at the hearing the tribunal may—

(a) require one party to grant to another such recovery or inspection (including the taking of copies) of documents as might be ordered by a sheriff; or

(b) require any person (including a party) to attend as a witness and to give evidence or to produce any documents in his possession or power which relate to the appeal;

and may appoint the time at or within which or the place at which any act required in pursuance of this rule is to be done.

(2) A party on whom a requirement has been imposed under paragraph (1) (a) of this rule or a person on whom a requirement has been imposed under paragraph (1) (b) may, if such requirement was made upon an ex parte application, apply to the tribunal to vary or set aside the requirement, and notice of such an application shall be given to the party upon whose application the requirement was made.

(3) No application to vary or set aside a requirement as aforesaid shall be entertained by the tribunal in a case where a time has been appointed in relation to the requirement unless the application is made before the time or, as the case may be, the expiration of the time so appointed.

(4) Every document containing a requirement under paragraph (1) shall contain a reference to the fact that, under paragraph 1(7) of Schedule 9 to the 1978 Act, any person who without reasonable excuse fails to comply with any such requirement shall be liable on summary conviction to a fine, and the document shall state the amount of the current maximum fine.