Cap. 451 · Mutual Recognition Of Qualifications Act (Cap. 451)
Cap. 451 Art. 7Right of appeal. Cap. 12. Cap. 12.
(1) There shall be a Board, which shall have such number of divisions as the Minister may by order in the Gazette prescribe, to be known as the Mutual Recognition of Qualifications Appeals Board, hereinafter referred to as "the Board", and such Board shall consist of a chairperson and two other members who shall be appointed by the Prime Minister from among persons of known integrity who appear to him to be qualified by reason of having had experience of, and shown capacity in, matters deemed appropriate for such purpose.
(2) The Minister may make regulations to regulate the distribution by types of appeals amongst the divisions of the Board, provided that no two divisions of the Board shall deal with the same types of appeals.
(3) A member of the Board shall abstain and may be challenged in such circumstances as would disqualify a judge in terms of Sub-Title II of Title II of Book Third of the Code of
Organization and Civil Procedure; and in any such case either the member shall be substituted by another person appointed for the purpose by the Prime Minister acting on the advice of the Minister, or the appeal, when there is more than one division of the Board in office, may be referred by order of the Board from one division of the Board to another.
(4) The members of the Board shall hold office for a period of three years, and shall be eligible for re-appointment.
(5) A member of the Board may be removed from office by the Prime Minister acting on the advice of the Minister, on grounds of gross negligence, conflict of interest, incompetence, or acts or omissions unbecoming a member of the Board.
(6) Except where a designated authority does not have its own means of appeal, the Board shall have jurisdiction to hear and determine all appeals made by an applicant aggrieved by any decision made by any designated authority under this Act or under any enactment in the second Schedule to this Act.
(7) Any such appeal has to be filed in the Registry of the Board within ten days from such decision.
(8) The decisions of the Board shall be final except with respect to points of law decided by the Board, from which an appeal shall lie within ten days to the Court of Appeal (Inferior Jurisdiction); the judge shall have the right to decide in camera that such appeal is frivolous or vexatious following the closing of the stage of written submissions; such appeal shall also be regulated by rules of court made under article 29 of the Code of Organization and Civil Procedure.
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- Cap. 451 Art. 29