Central Bank Act 1942

F453 [ Powers in relation to witnesses.

57AF

57AF. (1) The Appeals Tribunal may, in relation to proceedings before it

( a ) call witnesses on its own initiative, and

( b ) examine witnesses on oath, or by use of a statutory declaration, and

( c ) examine or cross-examine any witness to such extent as it thinks proper in order to elicit information relevant to the determination of the proceedings, and

( d ) require any witness to answer questions that it believes to be relevant to the proceedings.

(2) If the Appeals Tribunal decides to call a person as a witness under this section, it may

( a ) try to get the person to attend the proceedings voluntarily by notifying the person in such manner as it thinks appropriate, or

( b ) direct the Registrar to issue a summons to compel the attendance of the person before it.

(3) A party to proceedings before the Appeals Tribunal may apply to the Registrar for the issue of a summons compelling the attendance of a witness before it.

(4) On receiving a direction under subsection (2) or an application under subsection (3), the Registrar shall issue a summons requiring the person named in the summons

( a ) to attend proceedings of the Appeals Tribunal on a specified date and at a specified time and place, and

( b ) to attend and give evidence, or attend and produce documents or other things, or to do both of those things.

(5) A summons must be signed by the Registrar or be otherwise authenticated as provided by the rules.

(6) A person who, without reasonable excuse, fails to comply with the requirements of a summons commits an offence and is liable on summary conviction to a fine not exceeding 2,000 or to imprisonment for a term not exceeding 3 months, or both.

(7) A summons may be served within or outside the State.

(8) A person who attends proceedings of the Appeals Tribunal to give evidence, or attend and produce documents or other things, is entitled to the same protection and immunity as a person appearing as a witness in civil proceedings before a court. ]

Annotations:

Amendments:

F453

Part VIIA (ss. 57A-57AZ) inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 28, S.I. No. 454 of 2004, subject to transitional provisions in s. 36 and sch. 3.