Safety, Health and Welfare at Work Act 2005

F25[Appeal to Appeals Board

56H

56H. (1) A conformity assessment body may make an appeal to the Appeals Board in respect of

(a) a decision of the Accreditation Board in respect of accreditation in relation to the body, or

(b) a failure by the Accreditation Board to make a decision in respect of accreditation in relation to the body.

(2) An appeal under subsection (1) (a) shall be made within 30 days of the notification by the Accreditation Board in writing of the decision to the conformity assessment body.

(3) A conformity assessment body may by notice in writing request the Accreditation Board to make a decision in respect of accreditation in relation to that body and where that Board fails to make the decision within 30 days, the conformity assessment body may appeal against that failure.

(4) An appeal by a conformity assessment body shall be made in such form as may be specified by the Appeals Board and shall

(a) in the case of an appeal under subsection (1) (a), specify the decision being appealed and the grounds of the appeal,

(b) in the case of an appeal under subsection (1) (b), specify the matter in respect of which the Accreditation Board has failed to make a decision,

(c) be accompanied by any documents on which the body relies,

(d) be accompanied by such fee (if any) as may be determined by the Authority under section 47 (amended by section 33 of the Industrial Development (Forfás Dissolution) Act 2014), and

(e) be accompanied by such other information or documentation as may be specified by the Appeals Board.

(5) The Appeals Board may refuse to hear an appeal where, in the opinion of that Board, the appeal lodged is not made in good faith or is frivolous or vexatious.

(6) The Appeals Board may hold such hearings as it considers necessary for the purpose of determining an appeal and each of the parties to an appeal is entitled to be heard at the hearing of an appeal and to present evidence to the Board.

(7) The Appeals Board may adjourn any hearing by it of a matter until a date specified by it.

(8) A decision by a majority of the members of the Appeals Board shall suffice for any purpose.

(9) The Appeals Board shall determine an appeal within 90 days from the making of an appeal and which may be a determination

(a) in relation to an appeal under subsection (1)(a)

(i) affirming the decision of the Accreditation Board, or

(ii) quashing the decision of the Accreditation Board and directing the Accreditation Board, for stated reasons, to reconsider its decision, and

(b) in relation to an appeal under subsection (1)(b)

(i) that the Accreditation Board has not failed to make a decision, or

(ii) that the Accreditation Board has failed to make a decision and directing the Accreditation Board to make a decision within such time as may be specified by the Appeals Board.

(10) The Appeals Board shall notify the appellant, the Accreditation Board and the Authority in writing of its determination under subsection (9), including the reasons under paragraph (a) (ii) of that subsection, within 10 days of making the determination.

(11) The Accreditation Board shall comply with every direction given to it under paragraph (a)(ii) or paragraph (b)(ii) of subsection (9).

(12) A conformity assessment body may withdraw an appeal made under this section at any time by notice in writing to the Appeals Board and the Accreditation Board.

(13) In considering and determining an appeal under this section, the Appeals Board shall act in accordance with such procedures as may be determined from time to time by it with the consent of the Authority.

(14) An appeal by a conformity assessment body against a decision of the Accreditation Board in relation to accreditation pursuant to the Accreditation Regulation commenced but not determined

(a) prior to the coming into operation of this section, and

(b) in accordance with the arrangements entered into between the conformity assessment body and the Accreditation Board under clause 11 of the Accreditation Board Terms and Conditions,

shall be continued in accordance with those arrangements notwithstanding the coming into operation of this section.]

Annotations

Amendments:

F25

Inserted (31.07.2014) by Industrial Development (Forfás Dissolution) Act 2014 (13/2014), s. 32, S.I. No. 304 of 2014.