17 tal-1985

L.N. 17 of 198.5

BUll.DING (pRICE CONTROL) ACT, 1980

(ACT NO . XXVI OF 1980)

Building (p ri c~ Contr ol) (Evid~nc~) R~gu13tiom , 1985

IN virtue of the powers conferred by section 17 0( the 8uilding

(Price Control) Act. 1980. the SCIllor Deputy Prime Min ister and M inister

of Justice and Parliamen tary Affairs has made the following regula-

lions: -

These regulations may be cited as the Build ing (Price Control)

(Evidence) Regulations. 1985.

1. In these regulations, unleu the contel t otherwise n:oquires -

" Act" means the Building (Price Con trol) Act. 1980

"Tribunal" means the Building (Price ControD Tribunal

established by section 9 0( the Act.

-.-

3, (I) A person filing an application Of reply in the Tribunal. Ptuductio:II of

shlll together with the application Of reply file in the Regi5tty of the

Tribunal

(a) all the documents in his possession 10 which he inteodl

to make reference in support of his case;

(b) a list of all documents. not in his possession. but of the

existence of which he is aware, to which he intends to make rcf&-

rence in support 0( his cue: and

(cl a list of witnesses he intends to produce, including the

subpoena 0( the other party, stating in respect of each 0( them the

proof he in tends to establish by their evidence.

(2) The documents and lists referred to in paragraph m of

this regulation shall be filed by means of a note.

No witness may be produced whose name is not given in the No fW1ho,

list referred to in regulation 3, unless the Tribunal is satisfied that the - ' _ ..... y

witness was not known to the party at the time of filing the applicatiOD be .. J ...

or the reply, as the case may be, or that the necessity of prod ucing the

witness arose at any ti me after the filing of the application or reply, Of

Wllcss the opposite party gives his conscnt.

s . Where any document is not produced or is not included in the

list refelTCd to in regula tion 3, its production shall only be allowed

if. notwithstandi ng I II due diligence, the documents could 10

(a)

not be obtained before the filing of the appiicatiOD or of the reply

with wh ich it should have been produced. and the filinl of the

application or the reply could not, without prejudice, be delayed; or

(b) if the Tribunal is satisfied of the necessity or upedicncy

of ha\"lll\! Ihe document before it ; provided that the Tribunal may

in acjjudgillg th e costs of the cause, take into account th e tardy pro-

duction of th e document; or

(c) if the opposite party, by a separate note, or by an annota-

tion in the margin or at the foot of the note by which the document

is produced, gives his consent thereto; or

(d) if it is proved, that the party producing the document, had

not been aware of it, or could not, with the means provided by law,

have produced it in due time; or;

(e) if the document to be produced is a book or other paper in

the original copies whereof or extracts wherefrom, relating to the

matter at issue were produced in due time.