On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 09/04/2001.
PART X
APPEAL PANEL
83.
—(1) This section applies to —
(a)
a gas licensee who wishes to appeal against a decision of the Authority to modify any condition of its gas licence under section 16; and
(b)
any person who is aggrieved by a direction or decision of the Authority under Part IX.
(2) A person to whom this section applies may, within 14 days —
(a)
of the receipt of a direction under section 16 to modify any condition of a gas licence; or
(b)
of the receipt of a notification by the Authority of a direction or decision under Part IX,
notify the Minister that he wishes to make an appeal, providing adequate details of the grounds for the appeal and requesting the Minister to establish an Appeal Panel under subsection (3).
(3) When requested to establish an Appeal Panel, the Minister shall, upon consultation with the Authority, unless the request is in the opinion of the Minister of a frivolous, trivial or vexatious nature, establish by direction, within 30 days of the request, an Appeal Panel to consider an appeal made under this section.
84.
—(1) An Appeal Panel shall consist of at least 3 persons, one of whom shall be appointed by the Minister to be the chairman of the Appeal Panel.
(2) The Minister may, in the direction establishing the Appeal Panel under section 83(3), provide for —
(a)
the terms and conditions of the membership of the Appeal Panel as the Minister considers appropriate;
(b)
the procedure to be adopted by the Appeal Panel in considering any matter referred to it; and
(c)
any other matters which the Minister considers incidental or expedient for the proper and efficient conduct of an appeal by the Appeal Panel.
(3) The remuneration and allowances, if any, of a member of an Appeal Panel shall be determined by the Minister and shall form part of the expenses of the Authority.
(4) An Appeal Panel shall be independent in the performance of its functions.
85.
—(1) An Appeal Panel shall, by notice to the Authority and the appellant, specify the date on and the place at which the appeal shall be heard.
(2) An Appeal Panel shall have all the powers and duties of the Authority that are necessary to carry out its functions and duties under this Act.
(3) An Appeal Panel shall have the powers, rights and privileges vested in a District Court on the hearing of an action, including —
(a)
the enforcement of the attendance of witnesses and their examination on oath or otherwise; and
(b)
the compelling of the production of documents.
(4) A summons signed by any member of the Appeal Panel as may be authorised by the Appeal Panel shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.
(5) Where any person being duly summoned to attend before an Appeal Panel does not so attend, that person shall be guilty of an offence.
(6) A witness before an Appeal Panel shall be entitled to the same immunities and privileges as if he were a witness before a District Court.
(7) All appeals under this section shall be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.
(8) In the case of a modification of any condition of a gas licence, the Appeal Panel may either confirm the modification or direct the Authority not to make the modification, and the Appeal Panel’s decision shall be final.
(9) In the case of a direction or decision of the Authority under Part IX, the Appeal Panel may either confirm, vary or reverse the direction or decision of the Authority or direct the Authority to reconsider the direction or decision, and the Appeal Panel’s decision shall be final.
(10) The Appeal Panel shall notify the appellant of its decision in respect of his appeal and the reasons for its decision.