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There are currently no known outstanding effects for the The Dairy Produce Quotas Regulations 2005 (revoked), Conduct of proceedings and witnesses.
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12.—(1) Subject to sub-paragraph (2), in any arbitration to which this Schedule applies, the arbitrator may join as a party to the arbitration any person having an interest in the holding, whether or not such person has applied to become a party to the arbitration, provided that such person consents to be so joined.
(2) Where an apportionment pursuant to a request in a statement under regulation 39(4)(b) is to be carried out by arbitration, any person with an interest in the holding who has refused to sign such a statement as is referred to in regulation 39(4)(a) must be a party to the arbitration.
13. Within 35 days of the appointment of the arbitrator, or within such further period as the arbitrator may determine, the parties to the arbitration must deliver to him a statement of their respective cases with all necessary particulars and—
(a)no amendment or addition to the statement or particulars delivered is allowed after the expiry of the 35 days, or such further period as the arbitrator may determine, except with the consent of the arbitrator; and
(b)a party to the arbitration is confined at the hearing to the matters alleged in the statement and particulars delivered by him and any amendment or addition duly made.
14. The parties to the arbitration and all persons claiming through them must, subject to any legal objection, submit to being examined by the arbitrator, on oath or affirmation, in relation to the matters in dispute and must, subject to any such objection, produce before the arbitrator all samples and documents within their possession or power which may be required or called for, and do such other things as the arbitrator reasonably may require for the purposes of the arbitration.
15. Any person having an interest in the holding to which the arbitration relates is entitled to make representations to the arbitrator.
16. Witnesses appearing at the arbitration must, if the arbitrator thinks fit, be examined on oath or affirmation, and the arbitrator may administer oaths to, or take the affirmation of, the parties and witnesses appearing.
17. The provisions of county court rules as to the issuing of witness summonses apply, subject to such modifications as may be prescribed by such rules, for the purposes of the arbitration as if it were an action or matter in the county court.
18.—(1) Subject to sub-paragraphs (2) and (3), any person who—
(a)having been summoned in pursuance of county court rules as a witness in the arbitration refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or
(b)having been so summoned or being present at the arbitration and being required to give evidence, refuses to be sworn or give evidence,
forfeits such fine as the judge of the county court may direct.
(2) A judge may not direct under sub-paragraph (1) that a person forfeits a fine of an amount exceeding £400.
(3) No person summoned in pursuance of county court rules as a witness in the arbitration forfeits a fine under this paragraph unless there has been paid or tendered to him at the time of the service of the summons such reasonable sum in respect of his expenses as the arbitrator may direct (including, in appropriate cases, compensation for loss of time), having regard to such sums payable in such cases as may be prescribed for the purposes of section 55 of the County Courts Act 1984 M1.
(4) The judge of the county court may at his discretion direct that the whole or any part of any such fine, after deducting costs, is applicable towards indemnifying a party injured by the refusal or neglect.
Marginal Citations
19.—(1) Subject to sub-paragraph (2), upon application by any party to the arbitration, the judge of the county court may, if he thinks fit, issue an order under his hand for bringing before the arbitrator any person (in this paragraph referred to as “the prisoner”) confined in any place under any sentence or under committal for trial or otherwise, to be examined as a witness in the arbitration.
(2) No such order may be made with respect to a person confined under process in any civil action or matter.
(3) Subject to sub-paragraph (4), the prisoner mentioned in any such order must be brought before the arbitrator under the same custody, and dealt with in the same manner in all respects, as a prisoner required by a writ of habeas corpus to be brought before the High Court and examined there as a witness.
(4) The person having the custody of the prisoner is not bound to obey the order unless there is tendered to him a reasonable sum for the conveyance and maintenance of a proper officer or officers and of the prisoner in going to, remaining at, and returning from, the place where the arbitration is held.
20. The High Court may order that a writ of habeas corpus ad testificandum must issue to bring a prisoner for examination before the arbitrator, if that prisoner is confined in any prison under process in any civil action or matter.
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