Fisheries (Amendment) Act 2003
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Oral hearings. |
8.—(1) Subject to subsections (2) and (3), an Appeals Officer of his or her own motion or at the request of a party shall have a discretion to hold an oral hearing of an appeal under section 7 . | |
(2) A request by a party for an oral hearing of an appeal— | ||
(a) shall be made in writing to the Appeals Officer and shall be accompanied by such fee, if any, as may be payable in respect of such request in accordance with regulations under section 20 , | ||
(b) if not accompanied by that fee, if any, shall not be considered by the Appeals Officer, | ||
(c) subject to paragraph (d), shall be made within the period of one month referred to in section 7 (1)(a), or | ||
(d) in the case where the party is not the appellant, shall be made within the period referred to in section 10 (2). | ||
(3) An Appeals Officer shall not consider a request for an oral hearing of an appeal received later than the time referred to in subsection (2)(c) or (d) for making a request. | ||
(4) Where an Appeals Officer is requested to hold an oral hearing of an appeal and decides to determine the appeal without an oral hearing, he or she shall serve notice of his or her decision on the person who requested the hearing, on each other party to the appeal and on each person who, in accordance with section 11 , made submissions or observations to the Appeals Officer in relation to the appeal. | ||
(5) (a) In conducting an oral hearing of an appeal, an Appeals Officer may require the licensing authority to give to the Appeals Officer such information in relation to the appeal as the Appeals Officer may reasonably require, and the licensing authority shall comply with the requirement. | ||
(b) An Appeals Officer, in conducting an oral hearing of an appeal, may take evidence on oath and for that purpose may administer oaths, and a person giving evidence at an oral hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court. | ||
(c) Subject to paragraph (d), an Appeals Officer in conducting an oral hearing of an appeal may, by notice in writing to any person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing or to produce any books, deeds, contracts, accounts, vouchers, maps, plans or other documents in his or her possession, custody or control which relate to the matter. | ||
(d) The following provisions shall have effect for the purposes of paragraph (c): | ||
(i) it shall not be necessary for a person to attend in compliance with a notice at a place more than 10 miles from his or her ordinary place of residence unless an amount of money sufficient to cover the reasonable and necessary expenses of the attendance has been paid or tendered to the person; | ||
(ii) an Appeals Officer shall pay or tender to any person whose attendance is required such amount of money as he or she considers will cover the reasonable and necessary expenses of the attendance; | ||
(iii) an Appeals Officer shall pay to any person who in compliance with a notice has attended at any place all reasonable and necessary expenses of the attendance which have not already been paid to the person and in default of such payment by the Appeals Officer the expenses shall be recoverable as a simple contract debt in a court of competent jurisdiction. | ||
(6) A person to whom a notice under subsection (5)(c) has been given who— | ||
(a) refuses or wilfully neglects to attend in accordance with the notice, | ||
(b) wilfully alters, suppresses, conceals or destroys any document to which the notice relates, or | ||
(c) having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates, | ||
is guilty of an offence. | ||
(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding €3,000. |