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Cap. 602 · Minor Protection (Alternative Care) Act (Cap. 602)

Cap. 602 Art. 65Competence and powers of the Board of Appeal. 

TITLE I

In KraftAmtlicher Text

(1) The Board of Appeal shall be competent to, following a request by application:

(a) review a decision of the Fostering Board;

(b) review a decision of the Social Care Standards Authority to refuse, revoke or suspend a registration; and

(c) review decisions of the Central Authority with regards to accreditation, accreditation renewals, suspension or revocation of an accreditation.

(2) The Board of Appeal shall fulfil any other function which the Minister may prescribe by regulations made by virtue of this Act.

(3) To fulfil its functions, the Board of Appeal shall have access to all documentation related to a foster care procedure and no one may hinder it in the exercise of its functions.

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

(5) Without prejudice to the provisions of the foregoing sub-article, in the exercise of its functions the Board of Appeal may call upon any person to testify and to produce any necessary documents and for such purpose the Chairperson shall have the power to administer an oath.

(6) The Board of Appeal shall decide an appeal within six weeks from the filing of the application, unless it is the view of the Chairperson that a longer period is required due to a valid reason which shall be given and noted in the acts of the case.

(7) A decision given by the Fostering Board, by the Central Authority or by the Social Care Standards Authority, as applicable, shall have immediate effect unless the Board of Appeal decides to suspend it until a final decision is given.

(8) The decision of the Board of Appeal, and the reasons for it, shall be given in writing and shall be notified to the appellants, the Fostering Board, to the Central Authority and to the Social Care Standards Authority, as applicable, by tracked mail within five working days from its pronouncement.

(9) In cases falling within the competence of the Board of Appeal in accordance with sub-article (1), there shall be a right of appeal on a point of law by application to the Court of Appeal (Inferior Jurisdiction)

constituted in accordance with article 41(9) of the Code of Organization and Civil Procedure.

(10) The application mentioned in the foregoing sub-article shall be filed not later than fifteen working days from the date of the decision of the Board of Appeal.

Änderungsgeschichte
  • Amended by XI.2023.33