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The Visiting Forces and International Headquarters (Application of Law) Order 1999

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3.—(1) Where any person to whom paragraph 1 or 2 applies is required to give evidence in any proceedings before a service court, an officer of any of the home forces may summons him by issuing a witness summons.

(2) An officer shall not issue a witness summons requiring the attendance of a person falling within paragraph 1 if he considers either—

(a)that it is not reasonably practical to procure the person’s attendance; or

(b)that provision for the reasonable expenses of his attendance has not been, or will not be, made.

(3) Before issuing a witness summons, the officer shall afford the person to whom it relates an opportunity of making representations, including oral representations, with respect to whether or not the summons should be issued; and, where the person chooses to make oral representations, he may be represented at any hearing held for that purpose.

(4) A witness summons issued under this paragraph shall state—

(a)the proceedings in respect of which the summons is issued and the nature of the hearing at which the person’s attendance is required;

(b)the powers under which the summons is issued;

(c)the place at which, and the time and date on which, the person is to attend; and

(d)where the person will be required to produce any document or other thing, a description of that document or thing.

(5) A witness summons issued under this paragraph shall be served on the witness—

(a)by delivering it to him personally;

(b)by leaving it for him with a person at the witness’s usual place of abode;

(c)by post in a letter addressed to him at his last known or usual place of abode; or

(d)where paragraph 2 applies to the witness, through his commanding officer.

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