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Cap. 409 · cap/409 (Cap. 409)

Cap. 409 Art. 14Functions and procedure of TourismAppeals Board.

Title III - The Tourism Appeals Board

Van krachtOfficiële tekst

(1) The Board shall have jurisdiction -

(a) to hear and determine all appeals made by any person aggrieved by any decision of the Authority not to grant or renew, or to revoke, or to suspend a licence; or to impose conditions, limitations or exclusions therein or therefor; and Provided that the jurisdiction of the Board shall be limited to ensuring that the policy of the Government and the provisions of this Act or any other applicable law have been properly implemented or applied and that the discretion vested in the Authority has not been used in an unreasonable manner.

(2) 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 to the Court of Appeal (Inferior Jurisdiction).

(3) The decisions of the Board shall be binding if they are supported by the opinion of two of its members, and the dissenting member, if any, may express his opinion separately; and all decisions of the Board shall be delivered in public and shall be published as soon as practicable after the sitting at which they are given.

(4) Advance notice of not less than fourteen days shall be given of the meetings of the Board in such manner as the Board may deem appropriate or as may be prescribed under article 47. The Board shall hold a first hearing of the appeal within one month of the day of filing of the appeal.

(5) The Board may appoint experts and may require any department of Government or agency of the Government to provide the Board with such information or advice as the Board may deem necessary for the proper execution of its functions.

(6) The Board shall have an independent administrative secretariat consisting of a secretary to the Board and such other officers or employees as may be necessary for a prompt and efficient determination of the matters within its jurisdiction. The secretariat shall be chosen and appointed by the Board.

(7) Without prejudice to the provisions of subarticle (6), the administrative and technical support required by the Board for the performance of its functions shall be provided by the Authority.

(8) Subject to the above, appeals to the Board and the conduct of the business of the Board shall be made in accordance with the rules contained in the Third Schedule to this Act; and in the absence of such rules on any matter, the Board may regulate its own procedure.

(9) Appeals to the Court of Appeal (Inferior Jurisdiction) from decisions of the Board as provided in subarticle (2) shall be made within fifteen days from the day the decision is delivered and such appeals shall be regulated by Rules of Court made under article 29 of the Code of Organization and Civil Procedure.

(10) The Minister responsible for justice may by regulations under this subarticle establish the fees payable in the registry of the court in relation to the filing of judicial acts in connection with appeals to the Court of Appeal (Inferior Jurisdiction) under this