SCHEDULES

C1SCHEDULE 12Procedure on references under section 120

Annotations:
Modifications etc. (not altering text)

Oral hearings

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1

For the purposes of this Schedule, an oral hearing may be held, and evidence may be taken on oath by F1the CMA.

2

F2The CMA may administer oaths for the purposes of this Schedule.

3

The F3CMA must give notice to each objector who has made representations in accordance with paragraph 2 of the time and place at which an oral hearing is to be held.

4

The F4CMA may by notice require a person—

a

to attend at a time and place specified in the notice, and

b

to give evidence F5to it at that time and placeF6....

5

At an oral hearing, the F7CMA may require a person who comes within sub-paragraph (6), if present at the hearing, to give evidence or to make representations.

6

A person comes within this sub-paragraph if the person is—

a

an objector who has made representations in accordance with paragraph 2,

b

a person attending the hearing as a representative of a person mentioned in paragraph (a), or

c

a person attending the hearing as a representative of Monitor.

7

A person who gives oral evidence at the hearing may be cross-examined by or on behalf of any other person who is present at the hearing and comes within sub-paragraph (6).

8

If a person is not present at a hearing and so cannot be made subject to a requirement under sub-paragraph (5)—

a

the F8CMA is not obliged to require the person to attend the hearing, and

b

the F9CMA may make a determination on the reference without hearing that person's evidence or representations.

9

Where a person is required under this paragraph to attend at a place more than 10 miles from that person's place of residence, the F10CMA must pay the person the necessary expenses of attending.