21.—(1) Subject to the provisions of this regulation, the tribunal may, in lieu of oral evidence, admit evidence by way of a written statement but evidence shall not be admissible in pursuance of this regulation if it would not have been admissible had it been given orally.
(2) If either the person presenting the case or the accused proposes in pursuance of this regulation to adduce written evidence at a hearing, he shall—
(a)at least 21 days, or such shorter period as the parties may agree in writing, before the date of the hearing—
(i)give the other party a copy of the statement; and
(ii)invite that party to join in a minute of agreement to the admission of the statement in evidence without the maker thereof being called as a witness or being available for cross-examination; and
(b)at least 10 days, or such shorter period as the parties may agree in writing, before the date of the hearing, lodge any such minute of agreement with the tribunal.
(3) The tribunal shall admit evidence by way of written statement under paragraph (1) only if—
(a)such statement is accompanied by a minute of agreement signed by the parties; and
(b)either party requests the tribunal to admit the written statement and the other party does not object.
(4) Where, notwithstanding that a written statement has been admitted in evidence without the person who made the statement being called and being available as aforesaid, the tribunal is of the opinion that oral evidence should be given, it may request that that person be called as a witness and, in such case, unless that person gives oral evidence, the tribunal shall be entitled to disregard the written evidence.
(5) Nothing in this regulation shall prejudice the admission of written evidence which would be admissible apart from the provisions thereof.