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Cap. 585 · Nuclear Safety And Radiation (Cap. 585)

Cap. 585 чл. 14Appeals Tribunal.

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(1) There is hereby established a tribunal to be known as the Radiation Protection Appeals Tribunal, hereinafter referred to as "the Appeals Tribunal" to hear and decide upon appeals from any decision taken by the Secretariat.

(2) Save as otherwise provided in this article, the Appeals Tribunal shall consist of a President of the Appeals Tribunal and two members who shall be appointed as follows:

(a) the President of the Appeals Tribunal shall be one of a panel of persons appointed by the Minister, being persons who are advocates of at least seven

(7) years experience and such persons shall serve as President either in turn or in accordance with such distribution of duties, and subject to such provisions as to inability to serve and other circumstances, as the persons on the said panel may with the approval of the Prime Minister, establish;

(b) the other members of the Appeals Tribunal shall be selected by the President of the Appeals Tribunal from a list of persons who are neither advocates nor legal procurators, appointed by the Minister to serve as Members of the Appeals Tribunal as occasion may require.

(3) No member or officer of any Commission may be appointed on the Appeal’s Tribunal.

(4) The names of persons appointed to serve as Presidents or as members of the Appeals Tribunal shall be notified in the Gazette.

(5) The Appeals Tribunal shall consist of the President and two members whenever the appeal concerns:

(a) an order relating to the barring in full of a workplace; or

(b) orders relating to the prohibition of use of any equipment, plant, or facility which, where the order to be implemented, would result in the cessation of all work activities; or

(c) appeals by third parties that would involve the barring in full of a workplace or the cessation of all work activities.

(6) Saving the provisions of sub-article (5), the Appeals Tribunal shall consist of the President alone provided that each one of the parties may request that the appeal be heard by an Appeals Tribunal made up of the President and two members, and such requests shall be decided by the President alone during the preliminary stages of the appeal as may be prescribed by regulations which the Minister may make by virtue of sub-article (11).

(7) The President shall have the right to administer the oath and examine witnesses.

(8) The Appeals Tribunal shall have the right to seek expert advice as it may deem fit.

(9) The Minister may from time to time vary the composition of the lists as provided in this article, but a person actually serving as a member of the Appeals Tribunal shall, notwithstanding the removal of one’s name from the panel, continue to serve in the proceedings as a member until the conclusion of those proceedings and for the purpose of the interpretation of any decision given therein:

Provided that in the case of the death or other impossibility of such member to continue hearing such a case, another person shall be subrogated from the existing panel to hear the case.

(10) The Minister shall also appoint a person to act as secretary of the Appeals Tribunal.

(11) The Minister may make regulations prescribing the procedure to be used for an appeal to be made to the Secretary of the Appeals Tribunal and to regulate the procedure to be used by the Appeals Tribunal.

Part IV - Notification, authorization, inspection, enforcement and penalties