Cap. 424 ст. 21Establishment and composition of the Appeals Board.

(1) There is hereby established an Appeals Board to be known as the Occupational Health and Safety Appeals Board to hear and decide upon appeals from any order of an officer appointed under this Act.

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

(a) the President of the Appeals Board shall be one of a panel of persons appointed by the Minister, being persons who are advocates of at least seven 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 two other members of the Appeals Board shall be selected by the President of the Appeals Board from a list of persons who are neither advocates nor legal procurators, appointed by the Minister to serve as Members of the Appeals Board as occasion may require.

(3) No member of the Authority and no officer of the Authority may be appointed on the Appeals Board.

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

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

(i) an order relating to the barring in full of a work place, or

(ii) orders relating to the prohibition of use of any equipment, machine, plant, installation, substance, chemical or material which, were the order to be implemented, results in the cessation of all work activities, or

(iii) appeals by third persons that would involve the barring in full of a work place or the cessation of all work activities.

(6) Saving what is provided in subarticle (5), the Appeals Board shall consist of the President alone, provided that each one of the parties may request that the appeal be heard by an Appeals Board 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 subarticle (11).

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

(8) The Appeals Board 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 Board 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 Board.

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