105.—(1) The Tribunal may require that the evidence of a witness before it be given on oath.

F295[(1A) The Tribunal may receive evidence in accordance with subsection (1B) where the dispute 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 the tenant that is threatening to the fabric of the dwelling or the property containing the dwelling.

(1B) Where subsection (1A) applies, the Tribunal may—

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

(b) receive as evidence of such 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 Tribunal 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 the person associated with that person, from giving such evidence.]

(2) Each witness of a party before the Tribunal (including the party as a witness) may be cross-examined by or on behalf of every other party.

(3) For the purposes of its functions under this Part, the Tribunal may—

(a) summon witnesses to attend before it,

(b) administer an oath, and

(c) require any person to produce to the Tribunal any document in his or her power or control.

(4) A witness before the Tribunal shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(5) Any person who—

(a) on being duly summoned as a witness before the Tribunal and having had tendered to him or her the sum, if any, which has been directed under subsection (6)(a) to be paid in respect of the expenses of his or her attendance makes default in attending,

(b) being in attendance as a witness refuses to take an oath legally required by the Tribunal to be taken, or to produce any document in his or her power or control legally required by the Tribunal to be produced by him or her, or to answer any question to which the Tribunal may legally require an answer, or

(c) does any other thing which, if the Tribunal were a court having power to commit for contempt of court, would be contempt of such court,

is guilty of an offence.

(6) The Tribunal may, out of moneys at the disposal of the Board, direct that the whole or part of the reasonable expenses—

(a) that will be incurred by a person summoned to attend before it in so attending, or

(b) that have been incurred by a person summoned to attend before it in so attending,

shall, as it thinks appropriate, be paid to him or her before he or she so attends or, as the case may be, be re-imbursed to him or her.