35. The following Schedule is inserted into the Act of 2004 after Schedule 2 (inserted by section 34 of the Residential Tenancies (Amendment) Act 2019):

“Schedule 3

Section 148S or 148X

Provisions applicable to Oral Hearings conducted pursuant to section 148S or 148X

Part 1

Oral Hearing conducted by authorised officer pursuant to section 148S(15)

1. The authorised officer conducting the oral hearing for the purposes of an investigation may take evidence on oath, and the administration of such an oath by the authorised officer is hereby authorised.

2. The authorised officer may by notice in writing require any person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the investigation or to produce any relevant documents within his or her possession or control or within his or her procurement.

3. Subject to paragraph 4, a person required to attend under paragraph 2 may be examined and cross-examined at the oral hearing.

4. A person required to attend under paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.

5. Where a person required to attend under paragraph 2 does not comply or fully comply with a requirement referred to in that paragraph, the authorised officer may apply in a summary manner to the District Court on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order.

6. The jurisdiction of the District Court in respect of an application referred to in paragraph 5 may be exercised by a judge of the District Court for the time being assigned to the District Court district where the person required to attend the oral hearing ordinarily resides or carries on any profession, business or occupation.

7. The oral hearing shall be held otherwise than in public.

8. The authorised officer may, with the consent of the Board and out of moneys at its disposal, direct that the whole or part of the reasonable travelling and subsistence expenses that will be or have been incurred by a person required to attend under paragraph 2 in so attending, shall, as the authorised officer thinks appropriate, be paid to the person required to attend whether prior to attending or by way of reimbursement.

Part 2

Oral Hearing conducted by decision maker pursuant to section 148X(6) or (7)

1. The decision maker, in conducting the oral hearing for the purposes of assisting him or her to make a decision under section 148X(4) or 148X(5) or for the purposes of observing fair procedures, may take evidence on oath, and the administration of such an oath by the decision maker is hereby authorised.

2. The decision maker may by notice in writing require any person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the making of the decision under section 148X(4) or 148X(5) or to produce any relevant documents within the possession or control of the person summoned or within his or her procurement.

3. Subject to paragraph 4, a person required to attend under paragraph 2 may be examined and cross-examined at the oral hearing.

4. A person referred to in paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.

5. Where a person required to attend under paragraph 2 does not comply or fully comply with a requirement referred to in that paragraph, the Board may apply in a summary manner to the District Court on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order.

6. The jurisdiction of the District Court in respect of an application referred to in paragraph 5 may be exercised by a judge of the District Court for the time being assigned to the District Court district where the person required to attend the oral hearing ordinarily resides or carries on any profession, business or occupation.

7. The oral hearing shall be held otherwise than in public.

8. The decision maker may, with the consent of the Board and out of moneys at its disposal, direct that the whole or part of the reasonable travelling and subsistence expenses that will be or have been incurred by a person required to attend under paragraph 2 in so attending, shall, as the authorised officer thinks appropriate, be paid to the person required to attend whether prior to attending or by way of reimbursement.”.