Housing (Regulation of Approved Housing Bodies) Act 2019

Appeals Board

62. (1) An appeal referred to in section 31 (1)(b), 39 (8), 40 (5), 42 (7), 57 (8), or 58 (9), as the case may be, shall—

(a) be lodged with the Appeals Panel within the period specified in section 31 (1)(b), 39 (8), 40 (5), 42 (7), 57 (8) or 58 (9), as the case may be, and

(b) state the grounds for the appeal.

(2) An appeal shall be accompanied by such fee (if any) as may be determined by the Regulator with the approval of the Minister.

(3) Upon receipt by the Appeals Panel of an appeal, an Appeals Board of 3 persons shall be appointed by the chairperson of the Appeals Panel from among the members of the Appeals Panel to determine the appeal.

(4) The chairperson of an Appeals Board shall be appointed by the chairperson of the Appeals Panel from among the members of the Appeals Board.

(5) The Minister shall provide such support of an administrative nature to an Appeals Board as the Minister in his or her opinion determines is necessary to enable the Appeals Board to perform its functions.

(6) In relation to an appeal falling, to be determined by an Appeals Board, the Appeals Board—

(a) shall establish the procedures to be followed regarding the making of submissions to the Appeals Board and their form, and

(b) may establish the procedures to be followed regarding—

(i) the holding of a hearing and the period within which it shall be heard,

(ii) the examination by the Appeals Board of the parties to the appeal or other persons,

(iii) requests by the Appeals Board for information or further information, for the purposes of the appeal, from the parties to the appeal or other persons,

(iv) provision by the Appeals Board to the parties to the appeal of information received by the Appeals Board for the purposes of the appeal,

(v) the period within which the Appeals Board shall, from the date of completion by it of a hearing or hearings in relation to an appeal make its determination in relation to the matter,

(vi) any other matter as the Appeals Board considers appropriate for the proper performance of its functions.

(7) An Appeals Board shall be independent in the performance of its functions.