Harbours (Regulation of Rates) Act, 1934

Public inquiries.

8.—The following provisions shall have effect in relation to every public inquiry held under this Act, that is to say:—

(a) such inquiry shall be held by such person and at such time as the Minister shall appoint;

(b) the harbour authority of the harbour to which such inquiry relates shall cause notice of the holding of such inquiry to be given in such manner as the Minister shall direct to the public and to such particular persons as the Minister shall specify;

(c) the person holding such inquiry shall have all such powers, rights, and privileges for enforcing the attendance of witnesses and examining them on oath (which such person is hereby authorised to administer) or otherwise, and for compelling the production of documents as are vested in the High Court or a Judge thereof in respect of the trial of an action, and a summons signed by such person shall be equivalent to and have the like effect as a formal process issued by the High Court for enforcing the attendance of witnesses and compelling the production of documents;

(d) if any person—

(i) on being duly summoned as a witness at a public inquiry makes default in attending, or

(ii) being in attendance as a witness refuses to take an oath legally required by the person holding such inquiry to be taken, or to produce any document legally required by the person holding such inquiry to be produced by him, or to answer any question to which the person holding such inquiry may legally require an answer, or

(iii) does any other thing which would, if the person holding such inquiry were a Court of Justice, having power to commit for contempt of court, be contempt of such court,

the person holding such inquiry may certify the offence of that person under his hand to the High Court and that Court may, after such inquiry as it thinks proper to make, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the said Court;

(e) a witness before a public inquiry held under this Act shall be entitled to the same immunities and privileges as if he were a witness before the High Court;

(f) all expenses incurred by the Minister in holding a public inquiry on the question whether a harbour rates order for which a harbour authority or any person or body of persons has applied should or should not be made, amended, or revoked (as the case may be), shall be paid to the Minister by such person or persons and, if by more than one such person, in such proportions as the Minister shall direct, and the amount of such expenses shall be fixed by the Minister and when so fixed shall be recoverable by the Minister accordingly as a civil debt in any court of competent jurisdiction;

(g) the expenses incurred by a harbour authority in causing notice to be given in pursuance of this section shall be paid by such person as the Minister shall direct and (if such person is not the said harbour authority) shall be recoverable by such harbour authority from such person as a civil debt in any court of competent jurisdiction;

(h) the person holding a public inquiry under this section may, if he thinks proper so to do, order the costs and expenses incurred by any person (including a harbour authority) of appearing or being represented and adducing evidence at such inquiry to be paid by any other person who appeared or was represented at such inquiry;

(i) whenever the person holding a public inquiry under this section orders the costs and expenses incurred by one person to be paid by another person, such costs and expenses shall be taxed and ascertained by a taxing-master of the High Court on the requisition of either the person to whom or the person by whom such costs and expenses were so ordered to be paid, and the amount of such costs and expenses when so taxed and ascertained shall be recoverable as a simple contract debt in any court of competent jurisdiction by the person to whom and from the person by whom such costs and expenses were so ordered to be paid.