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Section 9: Determination of Tribunal

Regulatory Authorities Appeal Tribunal Act

consolidated text (as at 2008). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

9. Determination of Tribunal (1) (a) Where the Tribunal is unable to reach a decision by unanimity, the Tribunal shall proceed to give its determination by a majority, which shall include the Chairperson or the Deputy Chairperson. (b) Where the majority does not include the Chairperson or Deputy Chairperson, the Tribunal shall be reconstituted so as to include both the Chairperson and Deputy Chairperson, and 2 members. (c) In the event of an equality of votes, after the Tribunal has been reconstituted, the opinion of the Chairperson shall prevail. (2) No member of the Tribunal who has a direct interest in any cause or matter which is the subject of proceedings before the Tribunal shall take part in those proceedings. (3) Subject to section 11, every order or finding of the Tribunal on any cause or matter before it shall be final and binding on the parties. (4) On hearing an appeal, the Tribunal may confirm, amend, vary or cancel any decision made by the regulatory authority of which the decision is appealed against. (5) Where a decision is confirmed or varied, the Tribunal shall specify the delay within which it shall be complied with. (6) Any person who fails to comply with an order of the Tribunal within the delay specified by the Tribunal shall commit an offence. (7) (a) The Tribunal may make such order as to costs as may be prescribed. (b) An order made under paragraph (a) shall be enforced in the same manner as an order for costs in proceedings before a Magistrate. (8) Proceedings before the Tribunal shall be exempt from registration dues. (9) Where a person has given notice of appeal against a decision referred to in section 6 (1) and, before the appeal is determined by the Tribunal, a written agreement is reached between the regulatory authority of which the decision is appealed against and the appellant, the agreement shall be deemed to be a determination of the Tribunal. R17 – 5 [Issue 1] Regulatory Authorities Appeal Tribunal Act

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