Social Welfare Consolidation Act 2005
Notification to persons to attend and give evidence or produce documents at appeal hearing.
[1993 s259(1)]
314.—(1) An appeals officer may, by giving written notice in that behalf to any person, require the person to attend at the time and place specified in the notice to give evidence in relation to any matter referred to the appeals officer under this Part or to produce any documents in the person’s possession, custody or control which relate to any such matter.
[1993 s259(2)]
(2) A notice under subsection (1) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to that person at the address at which he or she ordinarily resides or at his or her place of business.
[1993 s259(3); 2005 (SW&P) s26 & Sch 4]
(3) A person to whom a notice under subsection (1) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,500.
[1993 s259(4)]
(4) Where a person required to attend to give evidence or to produce documents under subsection (1) fails to attend or to produce those documents, an appeals officer may, on serving notice on that person, apply to the District Court for an order directing that person to attend or to produce those documents as required.
Annotations
Modifications (not altering text):
C141
Application of section extended and modified (4.06.1998) by Social Welfare (Rent Allowance) Regulations 1998 (S.I. No. 188 of 1998), art. 20 and sch. A, in effect as per art. 2, continued in force by s. 362(2). {Note for the purposes of Interpretation Act 2005 (23/2005), s. 26(2) the provisions of Social Welfare Consolidation Act 2005 (26/2005), s. 314 relate to the same subject-matter as Social Welfare (Consolidation) Act 1993 (27/1993), s. 259.}
Application of the Act of 1993
20. The provisions of the enactments mentioned in column (1) of Schedule A hereto shall apply to an allowance and in such application shall be modified so that the said provisions shall read as set out in column (2) of the said Schedule.
Schedule A
Article 19
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Section of Act of 1993 to be applied |
Modification |
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(1) |
(2) |
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Section 259 |
259. (1) An appeals officer may, by giving notice in that behalf in writing to any person, require the person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to such appeals officer under this section or to produce any documents in his possession, custody or control which relate to any such matter. (2) A notice under subsection (1) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to that person at the address at which he ordinarily resides or at his place of business. (3) A person to whom a notice under subsection (1) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any documents to which the notice relates shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000. (4) Where a person required to attend to give evidence or to produce documents under subsection (1) fails to attend or to produce such documents, an appeals officer may, on serving notice on that person, apply to the District Court for an order directing that person to attend or to produce such documents as required. |
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Editorial Notes:
E1980
A fine of €1,500 translates into a Class C fine, not exceeding €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3 and 6, table ref. no. 1, S.I. No. 662 of 2010.