CervicalCheck Tribunal Act 2019
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Powers relating to witnesses and documents | ||
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22. (1) For the purposes of performing its functions under this Act, the Tribunal may do any or all of the following: | ||
(a) direct in writing any person to attend before the Tribunal on a date and at a place and time specified in the direction and there to give evidence and to produce any document that is in the person’s possession or power and is specified in the direction; | ||
(b) direct a witness to answer questions that it believes to be relevant to a claim; | ||
(c) examine a witness on oath or affirmation or by use of a statutory declaration or written interrogatories; | ||
(d) examine or cross examine any witness to the extent the Tribunal thinks proper in order to elicit information relevant to a claim; | ||
(e) direct a witness to produce to the Tribunal any document that is in his or her possession or power and is specified in the direction; | ||
(f) direct in writing any person to— | ||
(i) provide the Tribunal with a list, verified by affidavit, disclosing all documents in the person’s possession or power relating to a claim, and | ||
(ii) specify in the affidavit any of the listed documents that the person objects to producing to the Tribunal and the basis for the objection; | ||
(g) direct in writing any person to send to the Tribunal any document that is in the person's possession or power and is specified in the direction; | ||
(h) subject to such Rules as may be prescribed under section 26 , issue a commission or request to examine witnesses abroad; | ||
(i) give any other directions that appear to the Tribunal to be reasonable. | ||
(2) The powers of the Tribunal under subsection (1) may be exercised by any member of the Tribunal. | ||
(3) The rules of court relating to the discovery of documents in proceedings in the High Court apply with any necessary modifications in relation to the disclosure of documents under subsection (1)(f). | ||
(4) Where a person fails or refuses to comply with a direction given by the Tribunal under this section, the High Court, on application by the Tribunal for an order requiring the person to comply with the direction, may— | ||
(a) order the person to comply with the direction, and | ||
(b) make any other order the court considers necessary and just to enable the direction to have full force and effect. | ||
(5) An application to the High Court under subsection (4) shall be heard otherwise than in public. | ||
(6) The failure of a person to comply with an order under subsection (4)— | ||
(a) may be punished as a contempt even though it could be punished as an offence under section 38 , and | ||
(b) may be punished as an offence under section 38 , even though it could be punished as a contempt, | ||
but the person is not liable to be punished twice. |