Social Welfare (Consolidation) Act, 1993

Social Welfare Tribunal.

[1982 (No. 2), s. 1]

276.—(1) There shall be a Tribunal, which shall be known as the Social Welfare Tribunal, to hear and decide applications for adjudications under this Chapter.

[1982 (No. 2), s. 1]

(2) The Tribunal shall consist of a chairman and four ordinary members.

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(3) The members of the Tribunal shall be appointed by the Minister and shall be eligible for re-appointment.

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(4) (a) Two ordinary members of the Tribunal shall be persons representative of workers and nominated for appointment as such members by the body known as the Irish Congress of Trade Unions.

(b) The two other ordinary members of the Tribunal shall be persons representative of employers and nominated for appointment as such members by an organisation representative of employers.

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(5) The term of office of a member of the Tribunal shall be such period as is specified by the Minister when appointing such member.

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(6) (a) A member of the Tribunal may, by letter addressed to the Minister, resign his membership.

(b) A member of the Tribunal may be removed from office by the Minister.

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(7) (a) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4)(a), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

(b) Whenever a vacancy occurs in the membership of the Tribunal and is caused by the resignation, removal from office or death of an ordinary member mentioned in subsection (4)(b), the vacancy shall be filled by the Minister by appointment in the manner specified in that subsection.

[1982 (No. 2), s. 1]

(8) In the case of a member of the Tribunal filling a vacancy caused by the resignation, removal from office or death of a member before the completion of the term of office of the last-mentioned member, the member filling that vacancy shall hold office for the remainder of the term of office of the person who so resigned, died or was so removed from office.

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(9) A member of the Tribunal shall be paid such remuneration (if any) and allowances as may be determined by the Minister with the consent of the Minister for Finance.

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(10) The Minister may, with the consent of the Minister for Finance, appoint such employees of the Tribunal as he considers necessary to assist the Tribunal in the performance of its functions, and such employees shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

[1982 (No. 2), s. 1]

(11) (a) The Tribunal, on the hearing of an application under this Chapter, shall have power to take evidence on oath and for that purpose may cause to be administered oaths to persons attending as witnesses at such hearing.

(b) If a person gives false evidence before the Tribunal in such circumstances that, if he had given the evidence before a court, he would be guilty of perjury, he shall be guilty of that offence.

(c) The Tribunal may, by giving notice in that behalf in writing to any person, require such person to attend at such time and place as is specified in the notice to give evidence in relation to any matter referred to the Tribunal under this Chapter or to produce any documents in his possession, custody or control which relate to any such matter.

(d) A notice under paragraph (c) may be given either by delivering it to the person to whom it relates or by sending it by post in a prepaid registered letter addressed to such person at the address at which he ordinarily resides.

(e) A person to whom a notice under paragraph (c) has been given and who refuses or wilfully neglects to attend in accordance with the notice or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document to which the notice relates shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £100.

[1982 (No. 2), s. 1]

(12) The Minister may make regulations giving effect to this section and such regulations may, in particular but without prejudice to the generality of the foregoing, provide for all or any of the following matters—

(a) the procedure to be followed regarding the making of applications to the Tribunal,

(b) the times and places of hearings by the Tribunal,

(c) the representation of parties attending hearings by the Tribunal,

(d) the procedure regarding the hearing of applications by the Tribunal,

(e) the publication and notification of decisions of the Tribunal,

(f) notices relating to applications or hearings by the Tribunal,

(g) the award by the Tribunal of costs and expenses and the payment of such awards,

(h) an official seal of the Tribunal.