Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
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SCHEDULE 1 Provisions applicable to Oral Hearings conducted under section 49(3) | ||
1. A request by a registered person for an oral hearing under section 49 (3) shall be made— | ||
(a) in writing to the Board, and | ||
(b) within the period of 30 days referred to in section 46 (1)(c)(ii). | ||
2. The Board shall not consider a request for an oral hearing made later than the expiration of the period referred to in paragraph 1(b). | ||
3. Where the Board refuses a request to conduct an oral hearing, it shall give notice to the registered person of its decision and the reasons for its decision. | ||
4. The Board in conducting an oral hearing may take evidence on oath, and the administration of such an oath by any member of the Board is hereby authorised. | ||
5. The Board may by notice in writing require any person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the making of the decision under section 49 (2) or to produce any relevant documents within his or her possession or control or within his or her procurement. | ||
6. Subject to paragraph 7, a person referred to in paragraph 5 may be examined and cross-examined at the oral hearing. | ||
7. A person referred to in paragraph 5 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court. | ||
8. Where a person referred to in paragraph 5 does not comply or fully comply with a requirement referred to in that paragraph, the Board may apply in a summary manner to the Circuit Court, on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order. | ||
9. The jurisdiction conferred on the Circuit Court by paragraph 8 may be exercised by the judge of that Court for the circuit in which the person concerned ordinarily resides or carries on any profession, business or occupation. | ||
10. An oral hearing shall be considered in public unless the Board of its own motion or on an application by or on behalf of a party to the hearing, determines that, due to the existence of special circumstances, the hearing (or part of it) should be conducted otherwise than in public. | ||
11. The Board may impose restrictions in relation to the disclosure, publication or reporting of any material referred to in an oral hearing that might be commercially sensitive. | ||
12. Where the Board intends to hold an oral hearing, it shall ensure that notice is given to the registered person the subject of the hearing of the date, time and place of any hearing in sufficient time to enable the registered person to prepare for the hearing. | ||
13. In the event that a registered person the subject of an oral hearing (or his or her representative) is not present at the hearing, the Board may proceed with the hearing where it is satisfied that all reasonable efforts have been made to place the registered person on notice of the date and time of the hearing. |