46Powers in relation to witnesses

46 Powers in relation to witnesses

46 Powers in relation to witnesses

(1) The Tribunal may—

(a) call any witness of its own motion, and

(b) examine any witness on oath or affirmation or require evidence to be verified by a statutory declaration, and

(c) examine or cross-examine any witness to such extent as the Tribunal thinks proper in order to elicit information relevant to the exercise of the functions of the Tribunal in any proceedings, and

(d) compel any witness to answer questions which the Tribunal considers to be relevant in any proceedings.

(2) If the Tribunal decides to call a person as a witness under subsection (1)(a), the Tribunal may—

(a) seek to procure the voluntary attendance of the witness before it by notifying the person in such manner as it thinks appropriate in the circumstances, or

(b) issue a summons (or direct a registrar to issue a summons) to compel the attendance of the person before it.

(3) Nothing in subsection (1) enables the Tribunal to compel a witness to answer a question if the witness has a reasonable excuse for refusing to answer the question.

ss 46–48: Ins 2013 No 94, Sch 1 [25].