The Network Access Appeal Rules 2008

Requirement notice

23.—(1) The adjudicator may, at any stage of the proceedings, require the attendance of any person to give evidence or to produce any relevant documents.

(2) A requirement by the adjudicator under paragraph (1) may be made on the adjudicator’s own initiative or at the request of a party.

(3) A requirement notice must—

(a) be in writing;

(b) identify the person who is intended to comply with the requirement;

(c) identify the matter to which the requirement notice relates;

(d) state the nature of the requirement being imposed by the adjudicator;

(e) specify the time and place at which the adjudicator requires the person to attend (if appropriate); and

(f) specify whether the adjudicator requires the person to produce any documents and if so, how and when those documents are to be produced.

(4) The party on whose behalf the adjudicator states that it is being issued must serve the requirement notice.

(5) Unless the person on whom the requirement notice is served agrees to shorter notice, a requirement notice must be served not less than 7 working days before that person is required to appear before the adjudicator.

(6) At the time of service of a requirement notice, any person that it is served on who is not a party to the proceedings, must be offered a sum by the party on whose behalf the requirement notice is being served, to cover any expenses necessarily incurred by travelling to and from the place specified in that requirement notice.

(7) Where a requirement notice has been served on a person, that person may apply to the adjudicator for the requirement notice to be varied or set aside.

(8) The adjudicator must not vary or set aside a requirement notice without first giving any person who requested the requirement notice an opportunity to oppose the application under paragraph (7).