(2) Where the Board is to hold a hearing, anyone who has an interest in the subject-matter
of the hearing shall, as far as reasonably practicable, be notified of the questions at issue and
given facilities for making such representations on those questions as he may wish.
28 Powers of Board to summon witnesses and take evidence at hearings
(1) For the purposes of any hearing, the Board shall have the same powers as a magistrates
court to summon witnesses, to cause the oath to be administered to them, to examine them and
to call for the production of documents.
(2) A subpoena for the attendance of a witness or for the production of any book, document
or record before the Board shall be signed and issued by the chairman of the Board, and shall be
served in the same way as a subpoena for the attendance of a witness at a criminal trial in a
magistrates court.
(3) Any person subpoenaed to give evidence or to produce any book, document or record
or giving evidence before the Board shall be entitled to the same privileges and immunities as if
he were subpoenaed to attend or were giving evidence at a criminal trial in a magistrates court.
29 Penalty for witness failing to attend hearing or give evidence or produce
documents
(1) Any person who has been subpoenaed to give evidence or to produce any book,
document or record at a hearing of the Board and who⎯
(a) fails, without reasonable excuse, to attend in obedience to the subpoena; or
(b) at the hearing⎯
(i) refuses, without reasonable excuse, to be sworn as a witness; or
(ii) having been sworn, refuses, without reasonable excuse, to answer fully and
satisfactorily any question lawfully put to him; or
(iii) refuses, without reasonable excuse, to produce any such book, document or
record he is lawfully required to produce;
shall be guilty of an offence and liable to a fine not exceeding level two or to imprisonment for
a period not exceeding three months or to both such fine and such imprisonment.
(2) The court convicting a person of an offence under subsection (1) may, in addition to
any penalty, order the person to be detained in custody as if he were a prisoner awaiting trial
until he consents to be sworn or to answer fully and satisfactorily all questions lawfully put to
him or to produce the book, document or record, as the case may be.
30 Penalty for giving false evidence at hearing
Any person who, after having been duly sworn at a hearing of the Board, wilfully gives
false evidence before the Board, knowing the evidence to be false or not having reasonable
grounds for believing it to be true, shall be guilty of an offence and liable to a fine not exceeding
level seven or to imprisonment for a period not exceeding two years or to both such fine and
such imprisonment.
31 Board may refer questions of law to High Court
(1) If any question of law arises from a decision of the Board, the Board may, on its own
initiative or at the request of any person directly affected by the order, reserve that question for
the decision of the High Court.
22
Select target paragraph3
Add to table of contents