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Cap. 491 · cap/491 (Cap. 491)

Cap. 491 Art. 15Jurisdiction and powersofBoardof Appeal. Cap. 12. Cap. 12.

PART IV

En vigueurTexte officiel

(1) The Board of Appeal shall be competent to:

(a) review decisions of the Fostering Board upon an appeal filed in accordance with article 5(2); thereunder;

(d) undertake any other function as the Minister may designate by regulations made by virtue of this Act.

(2) In order to carry out its duties, the Board of Appeal shall have access to all documentation pertaining to the foster care procedure and it shall be unlawful for any person to hinder it in the carrying out of its functions.

(3) The Board of Appeal shall have such powers as are, by the Code of Organization and Civil Procedure, vested in the Civil Court, First Hall.

(4) Without prejudice to sub-article (3), in the exercise of its functions, the Board of Appeal may summon any person to give evidence and produce the necessary documentation. For this purpose the Chairperson shall have the power to administer the oath.

(5) The Board of Appeal shall decide an application for appeal by not later than four months from the date of the filing of the application, unless in the opinion of the Chairperson a longer period is necessary for a valid reason which must be stated and registered in the proceedings of the case.

(6) A decision given by the Fostering Board or by the Central Authority shall have immediate effect unless the Board of Appeal decides to suspend it until it has given the final judgement.

(7) The decision of the Board of Appeal shall be communicated to the applicants, the Fostering Board and the central authority by not later than three working days from the date of such decision.

(8) In cases falling under the jurisdiction of the Board of Appeal in accordance with sub-article (1), there shall be a right of appeal on a point of law. Such appeal shall be made by an application to the Court of Appeal constituted in accordance with article 41(9) of the Code of Organization and Civil Procedure. Such application shall be filed by not later than twelve days from the date of the decision of the Board of Appeal.