Civil Law (Miscellaneous Provisions) Act 2011

16.

Amendment of Schedule 2 to Act of 2004.

16.— The Schedule 2 to the Act of 2004 is amended—

( a) in paragraph 14(1)—

(i) by the substitution of “An applicant for a licence or the holder of a licence aggrieved by a decision of the Authority—” for “A person aggrieved by a decision of the Authority—”, and

(ii) in clause ( d), by the substitution of “to which a licence relates,” for “to which a licence relates, or”, and

(iii) by the deletion of clause ( e),

( b) in paragraph 14, by the substitution of the following for subparagraph (4):

“(4) An appeal shall be grounded on the record of the decision to which the appeal relates, on the grounds of appeal contained in the notice of appeal and on any observations of the Authority given at the request of the Appeal Board on any other matter arising on the decision.”,

( c) in paragraph 14(5) by the substitution of the following for clause ( b):

“( b) by remitting the matter back to the Authority with a recommendation that—

(i) the licence be granted, renewed or restored, as the case may be,

(ii) that the reprimand, warning, caution or an advice be withdrawn, or

(iii) that the variation sought be granted,

and the Authority shall give effect to any such recommendation.”,

( d) in paragraph 15(1)( d), by the substitution of “and the reasons on which they are based” for “and the reasons, considerations and arguments on which they are based”,

( e) in paragraph 15, by the substitution of the following for subparagraph (4):

“(4) The Appeal Board shall not consider any documents submitted by an appellant in relation to an appeal other than those which accompanied the notice of appeal or which were furnished by the appellant in response to a request by the Appeal Board.”,

( f) in paragraph 16(2)( b), by the substitution of “any report prepared for or received by the Authority” for “any report prepared for the Authority”,

( g) by the deletion of paragraph 18,

( h) in paragraph 19—

(i) by the substitution of the following for subparagraph (1):

“(1) A person who is not a party to an appeal may make a submission or observations in writing to the Appeal Board in relation to the appeal where invited by the Appeal Board to do so.”,

(ii) by the substitution of the following for subparagraph (2):

“(2) Such submission or observations may be made within one month of the issue of the invitation to do so by the Appeal Board and any such submission or observations received by the Appeal Board after the expiration of that period shall not be considered by it.”,

( i) by the deletion of paragraph 20,

( j) in paragraph 21—

(i) by the substitution of the following for subparagraph (1):

“(1) Sittings of the Appeal Board shall normally be heard in private and shall be conducted with the minimum formality consistent with the carrying out by the Appeal Board of its functions.”,

(ii) in subparagraph (2) by the deletion of “of its own motion or”,

(iii) by the substitution of the following for subparagraph (3):

“(3) The Appeal Board in conducting an oral hearing may by notice in writing require any person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in issue at the hearing or to produce any relevant documents in his or her possession or under his or her control.”,

(iv) in subparagraph (4), by the substitution of “subparagraph (3)” for “subparagraph (3)( b)”,

(v) in subparagraph (6), by the substitution of the following for clause ( c):

“( c) where the request is by the Authority, shall be made within the period of one month referred to in paragraph 17(1).”,

and

( k) in paragraph 22, by the substitution of “paragraph 21(3)” for “paragraph 21(3)( b)”.