sec.16Professional witness or expert witness attendance allowance— Act , s 97

### sec.16 Professional witness or expert witness attendance allowance— Act , s 97 For section 97 (4) of the Act , the allowance payable to a professional witness or expert witness who is given a notice under section 97 (1) (a) of the Act is $313.40 for each day of necessary absence from the witness’s place of employment, practice or residence to attend a hearing. However, if the witness is necessarily absent as mentioned in subsection (1) for 7 hours or less on a day, the amount of the allowance payable for that day is as follows— for an absence of 3 hours or less—$118.20; for an absence of more than 3 hours but not more than 4 hours—$163.80; for an absence of more than 4 hours but not more than 5 hours—$199.40; for an absence of more than 5 hours but not more than 6 hours—$235.10; for an absence of more than 6 hours but not more than 7 hours—$285.20. Also, if the witness is a doctor who is employed under the Hospital and Health Boards Act 2011 as a health service employee at a public sector hospital and is necessarily absent from the hospital at which the witness is employed, an additional amount of $104.00 is payable to the witness for each day or part of a day of necessary absence. For section 97 (6) of the Act , the allowance must be paid to the witness within a reasonable time after the witness attends the hearing as required by the notice mentioned in subsection (1) . Travelling time is to be taken into account for deciding the amount of the allowance under this section. In this section— expert witness means a witness who attends a hearing to give evidence of an expert nature. professional witness means a witness who attends a hearing to give evidence of a professional nature. s 16 amd 2020 SL No. 143 s 98 ; 2021 SL No. 84 s 97 ; 2022 SL No. 79 s 141 ; 2023 SL No. 60 s 11 ; 2024 SL No. 62 s 11 ; 2025 SL No. 44 s 11 (sec.16-ssec.1) For section 97 (4) of the Act , the allowance payable to a professional witness or expert witness who is given a notice under section 97 (1) (a) of the Act is $313.40 for each day of necessary absence from the witness’s place of employment, practice or residence to attend a hearing. (sec.16-ssec.2) However, if the witness is necessarily absent as mentioned in subsection (1) for 7 hours or less on a day, the amount of the allowance payable for that day is as follows— for an absence of 3 hours or less—$118.20; for an absence of more than 3 hours but not more than 4 hours—$163.80; for an absence of more than 4 hours but not more than 5 hours—$199.40; for an absence of more than 5 hours but not more than 6 hours—$235.10; for an absence of more than 6 hours but not more than 7 hours—$285.20. (sec.16-ssec.3) Also, if the witness is a doctor who is employed under the Hospital and Health Boards Act 2011 as a health service employee at a public sector hospital and is necessarily absent from the hospital at which the witness is employed, an additional amount of $104.00 is payable to the witness for each day or part of a day of necessary absence. (sec.16-ssec.4) For section 97 (6) of the Act , the allowance must be paid to the witness within a reasonable time after the witness attends the hearing as required by the notice mentioned in subsection (1) . (sec.16-ssec.5) Travelling time is to be taken into account for deciding the amount of the allowance under this section. (sec.16-ssec.6) In this section— expert witness means a witness who attends a hearing to give evidence of an expert nature. professional witness means a witness who attends a hearing to give evidence of a professional nature. - (a) for an absence of 3 hours or less—$118.20; - (b) for an absence of more than 3 hours but not more than 4 hours—$163.80; - (c) for an absence of more than 4 hours but not more than 5 hours—$199.40; - (d) for an absence of more than 5 hours but not more than 6 hours—$235.10; - (e) for an absence of more than 6 hours but not more than 7 hours—$285.20.