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Health and Social Care Act 2012

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This is the original version (as it was originally enacted).

Oral hearings

This section has no associated Explanatory Notes

7(1)For the purposes of this Schedule, an oral hearing may be held, and evidence may be taken on oath by a group with the function of making a determination on a reference under section 120.

(2)A group with that function may administer oaths for the purposes of this Schedule.

(3)The Competition Commission must give notice to each objector who has made representations in accordance with paragraph 2 of the time and place at which an oral hearing is to be held.

(4)The Competition Commission may by notice require a person—

(a)to attend at a time and place specified in the notice, and

(b)to give evidence at that time and place to a group with that function.

(5)At an oral hearing, the group conducting the hearing may require a person who comes within sub-paragraph (6), if present at the hearing, to give evidence or to make representations.

(6)A person comes within this sub-paragraph if the person is—

(a)an objector who has made representations in accordance with paragraph 2,

(b)a person attending the hearing as a representative of a person mentioned in paragraph (a), or

(c)a person attending the hearing as a representative of Monitor.

(7)A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any other person who is present at the hearing and comes within sub-paragraph (6).

(8)If a person is not present at a hearing and so cannot be made subject to a requirement under sub-paragraph (5)—

(a)the Competition Commission is not obliged to require the person to attend the hearing, and

(b)the group conducting the hearing may make a determination on the reference without hearing that person’s evidence or representations.

(9)Where a person is required under this paragraph to attend at a place more than 10 miles from that person’s place of residence, the Competition Commission must pay the person the necessary expenses of attending.

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