Control of Exports Act 2023

Oral hearing

44. (1) An adjudicator may determine an appeal under section 43 without an oral hearing unless, having regard to the particular circumstances of the appeal, the adjudicator considers that it is necessary to conduct an oral hearing in order to properly and fairly determine the appeal.

(2) An adjudicator may give notice to a person requiring him or her to—

(a) attend an oral hearing, at such time and place as is specified in the notice,

(b) give evidence in respect of any matter in issue in an appeal, and

(c) produce any relevant documents within the person’s possession, control or procurement.

(3) A person required to attend under subsection (2) may be examined and cross-examined at the oral hearing and any testimony so given shall be given on oath or affirmation.

(4) The adjudicator may limit the time within which each party to a particular appeal may make submissions at an oral hearing.

(5) A person who does or fails to do anything that, if the adjudicator were a court having power to commit for contempt of court, would be contempt of such court, shall be guilty of an offence.