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Appeal from decision of rights commissioner.
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35.—(1) A party concerned may appeal to the Tribunal from a decision of a rights commissioner in relation to a dispute referred under this Part and the Tribunal shall hear the parties and any evidence relevant to the appeal tendered by them and shall make a determination in relation to the appeal.
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(2) An appeal under this section shall be initiated by a party by giving, within 4 weeks of the date on which the decision to which it relates was given to the parties concerned, a notice in writing to the Tribunal (containing such particulars (if any) as may be prescribed) and the Tribunal shall give a copy of the notice to the other party concerned as soon as may be after the receipt by it of the notice.
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(3) A witness before the Tribunal on an appeal under this section shall be entitled to the same immunities and privileges as if the witness were a witness before the High Court.
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(4) (a) The Tribunal shall, on the hearing of an appeal under this section, have power to take evidence on oath and for that purpose may cause to be administered oaths to persons attending as witnesses at such hearing.
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(b) Any person who, upon examination on oath authorised under this subsection, wilfully and corruptly gives false evidence or wilfully and corruptly swears anything which is false, shall be guilty of an offence and, upon being convicted thereof, shall be liable to the penalties for wilful and corrupt perjury.
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(c) The Tribunal may, by giving notice in that behalf in writing, require any person to attend at such time and place as is specified in the notice, to give evidence in relation to any matter referred to the Tribunal under this section or to produce any documents in that person's possession, custody or control which relate to any such matter.
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(d) A person to whom a notice under paragraph (c) has been given and who fails, without just cause, to attend in accordance with the notice or who, having so attended, refuses to give evidence or fails, without just cause, to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £1,000.
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(5) Proceedings for an offence under paragraph (b) or (d) of subsection (4) may be brought and prosecuted by the Minister.
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(6) A document purporting to be signed by the chairman or vice-chairman of the Tribunal stating that—
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(a) a person named in the document was, by a notice under subsection (4) (c), required to attend before the Tribunal on a day and at a time and place specified in the document, to give evidence or produce a document,
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(b) a sitting of the Tribunal was held on that day and at that time and place, and
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(c) the person did not attend before the Tribunal in pursuance of the notice or, as the case may be, having so attended, refused to give evidence or refused or failed to produce the document, shall, in a prosecution of the person for an offence under subsection (4) (d), be sufficient evidence of the matters so stated, unless the contrary is shown.
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