Central Bank Act 1942

F438 [ Procedure of the Appeals Tribunal.

57V

57V. (1) The Appeals Tribunal may, subject to this Part and the rules, determine its own procedure.

(2) The Appeals Tribunal is not bound by the rules of evidence and may inquire into and inform itself on any matter in such manner as it thinks fit, subject to the rules of natural justice.

(3) When hearing an appeal, the Appeals Tribunal is not limited to

( a ) considering the evidence or grounds on which the F439 [ Bank ] based the decision that is the subject of the appeal, or

( b ) applying any sanction that was imposed as a part of that decision.

(4) The Appeals Tribunal is required to act with as little formality as the circumstances of the case permit and according to equity, good conscience and the substantial merits of the case without regard to technicalities or legal forms.

(5) The Appeals Tribunal is required to take such measures as are reasonably practicable

( a ) to ensure that the parties to the proceedings before it understand the nature of the assertions made in the proceedings and the legal implications of those assertions, and

( b ) if requested to do so to explain to the parties any aspect of the procedure of that Tribunal, or any decision or ruling made by it, that relates to the proceedings, and

( c ) to ensure that the parties have a reasonable opportunity to be heard or otherwise have their submissions considered in the proceedings.

(6) In proceedings before it, the Appeals Tribunal is required to act as expeditiously as is practicable and to ensure that all relevant material is disclosed to that Tribunal so as to enable it to determine all of the relevant facts in issue in the proceedings.

(7) In particular, the Appeals Tribunal may do all or any of the following:

( a ) require evidence or argument to be presented in writing and decide on the matters on which it will hear oral evidence or argument;

( b ) require the presentation of the respective cases of the parties before it to be limited to the periods of time that it determines are reasonably necessary for the fair and adequate presentation of the cases;

( c ) authorise a document to be served outside the State;

( d ) adjourn proceedings to any time and place (including for the purpose of enabling the parties to negotiate a settlement);

( e ) at any stage dismiss proceedings if the applicant has withdrawn the application to which the proceedings relate;

( f ) at any stage dismiss proceedings that it considers to be frivolous or vexatious or otherwise misconceived or lacking in substance.

(8) The member presiding at proceedings of the Appeals Tribunal may

( a ) hold a directions hearing in relation to any proceedings before that Tribunal, or

( b ) authorise the Registrar to hold a directions hearing in relation to the proceedings. ]

Annotations:

Amendments:

F438

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.

F439

Substituted (23.10.2010) by Central Bank Reform Act 2010 (23/2010), s. 14(2)(a), S.I. No. 469 of 2010.