Central Bank Act 1942

F447 [ How decisions of the Appeals Tribunal are to be made and given.

57AA

57AA. (1) If the members are not in unanimous agreement on a matter to be determined in proceedings before the Appeals Tribunal, the decision of the majority on the matter is the decision of that Tribunal.

(2) However, a question of law (including the question whether a particular question is a question of law) arising in proceedings before the Appeals Tribunal is to be decided by the member who is presiding in the proceedings.

(3) In deciding a matter before it, the Appeals Tribunal may impose such conditions (including exemptions) as it specifies in the decision.

(4) The Appeals Tribunal is required to give reasons for its decision in writing

( a ) within 28 days after the date on which it gave its decision, or

( b ) if the rules specify some other period (either generally or for that class of matter) within that other period.

(5) Those reasons must set out

( a ) the findings on material questions of fact, referring to the evidence or other material on which those findings were based, and

( b ) the Appeals Tribunal s understanding of the applicable law, and

( c ) the reasoning processes that led that Tribunal to the conclusions that it made.

(6) A failure to comply with subsection (4) or (5) does not affect the validity of a decision of the Appeals Tribunal.

(7) The Appeals Tribunal shall ensure that a copy of its decision determining an appeal is served on each party to the proceedings. ]

Annotations:

Amendments:

F447

Part VIIA (ss. 57A-57AZ) inserted (1.08.2004) by Central Bank and Financial Services Authority of Ireland Act 2003 (12/2003), s. 28, S.I. No. 454 of 2004, subject to transitional provisions in s. 36 and sch. 3.