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Change 1
As published
55 Penalty for neglecting or refusing to give evidence.
(1) Subject to subsections (2) and (3), any person who—
(a) having been summoned in pursuance of rules of court as a witness in the county court refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or
(b) having been so summoned or being present in court and being required to give evidence, refuses to be sworn or give evidence,
shall forfeit such fine as the court may direct.
(2) The court shall not have power under subsection (1) to direct that a person shall forfeit a fine of an amount exceeding £1,000.
(3) No person summoned in pursuance of rules of court as a witness in the county court shall forfeit a fine under this section unless there has been paid or tendered to him at the time of the service of the summons such sum in respect of his expenses (including, in such cases as may be prescribed, compensation for loss of time) as may be prescribed for the purposes of this section.
(4) The court may at its discretion direct that the whole or any part of any such fine, after deducting the costs, shall be applicable towards indemnifying the party injured by the refusal or neglect.
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) This section does not apply to a debtor summoned to attend by a judgment summons.
Your change, as a redline
55 Penalty for neglecting or refusing to give evidence.
(1) Subject to subsections (2) and (3), any person who—
(a) having been summoned in pursuance of rules of court as a witness in the county court refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced; or
(b) having been so summoned or being present in court and being required to give evidence, refuses to be sworn or give evidence,
shall forfeit such fine as the court may direct.
(2) The court shall not have power under subsection (1) to direct that a person shall forfeit a fine of an amount exceeding £1,000.
(3) No person summoned in pursuance of rules of court as a witness in the county court shall forfeit a fine under this section unless there has been paid or tendered to him at the time of the service of the summons such sum in respect of his expenses (including, in such cases as may be prescribed, compensation for loss of time) as may be prescribed for the purposes of this section.
(4) The court may at its discretion direct that the whole or any part of any such fine, after deducting the costs, shall be applicable towards indemnifying the party injured by the refusal or neglect.
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) This section does not apply to a debtor summoned to attend by a judgment summons.
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