97.—(1) The following provisions and sections 98 and 99 apply to an adjudication which the Board has arranged under section 93(3) or 94(a) in relation to a dispute.

(2) The person appointed under section 93(3) or 94(a) to conduct the adjudication (“the adjudicator”) shall inquire fully into each relevant aspect of the dispute concerned and provide to, and receive from, each party such information as is appropriate.

(3) For that purpose, the adjudicator may require either party to furnish to him or her, within a specified period, such documents or other information as he or she considers appropriate.

(4) The adjudicator shall determine the dispute by either—

(a) reaching a decision himself or herself in the matter, or

(b) subject to section 98, declaring to the parties that he or she has adopted, as his or her determination of the dispute, a decision reached (through the adjudicator's assistance under subsection (5)) by the parties themselves in resolution of the matter,

and the reference in paragraph (a) to the adjudicator’s reaching a decision in the matter shall be deemed to include a reference to his or her deciding not to deal with the dispute in accordance with section 85.

F270[(4A) Where an adjudication relates to a matter in connection with a notice of termination referred to the Board for resolution under section 76, the adjudicator shall have regard to any advice referred to in section 67(3A) when making a decision or determination in relation to the matter.]

(5) Where the adjudicator considers it would be of practical benefit, the adjudicator may provide assistance to the parties with a view to the parties themselves reaching a decision in resolution of the matter concerned; such assistance may include the adjudicator’s stating to the parties any provisional conclusion he or she has reached in relation to any of the issues concerned.

(6) Any statement of such a conclusion shall—

(a) not be made in relation to any issue of fact which is in dispute between the parties, unless the parties request the making of such a statement,

(b) not be made before every document submitted to the adjudicator by the parties and any initial oral submissions made by them have been considered by the adjudicator, and

(c) be accompanied by a statement, whether oral or in writing, that the conclusion is of a provisional nature and its making does not absolve the adjudicator of his or her duty to determine the dispute impartially and in accordance with the requirements of procedural fairness.

(7) The adjudicator may, in his or her discretion, permit another person to appear on a party's behalf at any hearing before the adjudicator.

F271[(8) An adjudicator may receive evidence in accordance with subsection (9) where an adjudication relates to—

(a) a matter referred to the Board under section 76 that relates to—

(i) an alleged failure by a tenant to comply with section 16(h),

(ii) alleged behaviour of a tenant that is threatening to the fabric of the dwelling or the property containing the dwelling, or

(iii) an alleged failure by a landlord to comply with section 12(1)(a),

or

(b) a complaint referred to the Board under section 77 that relates to—

(i) an alleged breach of the duty of a landlord to enforce the obligation of a tenant under section 16(h), or

(ii) an alleged breach of the duty of a landlord not to allow behaviour of a tenant that is threatening to the fabric of the dwelling concerned or the property containing the dwelling.

(9) Where subsection (8) applies, the adjudicator may—

(a) receive evidence from a person who could be affected by the alleged failure, behaviour or breach, or

(b) receive as evidence of the alleged failure, behaviour or breach, a statement by a member of An Garda Síochána or an officer of a housing authority that the member or officer believes the alleged failure, behaviour or breach is occurring or has occurred, if the adjudicator is satisfied that—

(i) there are reasonable grounds for the belief, and

(ii) a person other than the member or officer would be deterred or prevented by violence or threat of violence to the person or to a person associated with that person, or to property of the person or of a person associated with that person, from giving such evidence.]

F272[(10) An adjudication shall be conducted in public unless the adjudicator determines in accordance with rules made under section 109 that, due to the existence of special circumstances, the adjudication or part of it should be conducted otherwise than in public.

(11) Where an adjudication or part of it is conducted otherwise than in public, a person shall not knowingly or recklessly publish the name, address, contact details or other personal data of a party to the adjudication.

(12) A person who contravenes subsection (11) shall be guilty of an offence.

(13) Criminal proceedings for an offence referred to in subsection (12) shall not lie against a member of the staff of the Board or an adjudicator in respect of anything done in good faith by the member of the staff or adjudicator in the course of the performance or purported performance of functions under this Act.

(14) Each witness of a party before an adjudicator (including the party as witness) may be cross-examined by or on behalf of each other party.

(15) A person giving evidence in an adjudication shall be entitled to the same immunities and privileges as a witness before the High Court.

(16) An adjudicator may require that evidence be given in an adjudication by a person on oath or affirmation and for that purpose may administer or cause to be administered an oath or affirmation to the person.]