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The Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Power to require attendance of witnesses and production of documents, etc

5.—(1) A tribunal may on the application of a party made either by notice to the Secretary or at the hearing—

(a)require a party to furnish in writing to the other party further particulars of the grounds on which he relies and of any facts and contentions relevant thereto;

(b)require one party to grant to the other party such recovery or inspection of documents as might be ordered by a sheriff; and

(c)require the attendance of any person as a witness or require the production of any document relating to the matter to be determined, and

may appoint the time at or within which or the place at which any act required in pursuance of this rule is to be done.

(2) A person on whom a requirement has been made under paragraph (1) may apply to the tribunal either by notice to the Secretary or at the hearing to vary or set aside the requirement.

(3) No such application to vary or set aside shall be entertained in a case where a time has been appointed under paragraph (1) in relation to the requirement unless it is made before the time or, as the case may be, expiration of the time so appointed.

(4) Every document containing a requirement under paragraph (1)(b) or (c) shall contain a reference to the fact that, under section 7(4) of the 1996 Act, any person who without reasonable excuse fails to comply with any such requirement shall be liable on summary conviction to a fine, and the document shall state the amount of the current maximum fine.

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