8.
—(1) Any person subject to the
Act who may be adversely affected by the findings of the board (referred to in this regulation as an affected person) may be represented at the sittings of the board by any person of his choice who shall be a member of the Force.
(2) For the purposes of these Regulations, a person subject to the
Act would be adversely affected by the findings of the board if as a result of the findings he might be subjected to disciplinary action or suffer a deduction from pay.
(3) (
a) When an affected person is not present at the sitting of the board, the chairman shall inquire into what steps were taken to ensure that the person was notified of both the date of the sitting of the board and the nature of the matters to be investigated by the board.
(b)
If the chairman is not satisfied that reasonable steps were taken to enable the person to be present and represented by a member of the Force of his choice, he shall adjourn and report his opinion to the convening authority.
(c)
Where an affected person states that he does not wish to be present or to be represented by a member of the Force of his choice, the chairman shall make note of that fact in the record of proceedings.
(4) The chairman shall consider the interests of security and may direct that an affected person shall only be present at specified times, or that at certain times during the proceedings that person’s representative shall not be present.
(5) An affected person may give evidence, question witnesses or produce any witness to give evidence on matters which may affect him and, if he is represented by a member of the Force of his choice, the representative may question witnesses, but the representative shall not address the board without the permission of the chairman.
(6) Where an affected person has not been given notice of any sitting of a board, and has not had an opportunity of being present and represented by a member of the Force of his choice, the board shall —
(a)
enable that person or his representative to read the written record of the evidence or a part thereof given by such witness as the chairman of the board may specify; and
(b)
inform that person that he may give evidence to the board, examine any witness who has given evidence before the board, or produce such other witness as the board may allow to give evidence before the board on any matter inquired into by it which may adversely affect that person.
(7) Where a board has, pursuant to
paragraph (6), enabled an affected person or his representative to read the written record of the evidence or a part thereof given by a witness before the board, the board shall, if the affected person so desires, allow him —
(a)
to give evidence to the board on any matter inquired into by it which may adversely affect that person; and
(b)
to examine any witness who has given evidence before the board and to produce such other witness as the board may allow to give evidence before it on such matter.