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Appeal
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63. (1) For the purposes of the appeal for which an Appeals Board is appointed, the Appeals Board—
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(a) shall request submissions from the parties to the appeal and the parties shall furnish the submissions to the Appeals Board within the period specified in the request,
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(b) following consideration of the submissions, may hold a hearing, and
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(c) may request such information from the parties to the appeal, or any other person as the Appeals Board considers necessary for the proper performance of its functions, and the parties to the appeal or other person, as the case may be, shall furnish the information to the Appeals Board within the period specified in the request.
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(2) An Appeals Board may refuse to hear an appeal, where, in the opinion of the Appeals Board, the appeal is not made in good faith or is frivolous or vexatious.
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(3) If a hearing is held—
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(a) each of the parties to the appeal is entitled to be heard at the hearing, and
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(b) the Appeals Board may adjourn the hearing of a matter at any stage in the proceedings until a date specified by the Appeals Board.
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(4) A witness before an Appeals Board shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.
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(5) A decision by a majority of the members of an Appeals Board shall suffice for any purpose.
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(6) In considering an appeal under this Part an Appeals Board shall consider—
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(a) submissions from the parties to the appeal,
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(b) the evidence presented at any hearing of the matter, and
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(c) all information furnished to the Appeals Board.
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(7) On completion of its consideration of the appeal, the Appeals Board shall make a decision determining the appeal as soon as practicable in all the circumstances of the case, which may be a determination to—
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(a) affirm the decision of the Regulator, or
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(b) quash the decision of the Regulator and direct the Regulator, for stated reasons, to reconsider its decision within a specified period.
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(8) The appeals board shall notify the parties to the appeal of its determination under subsection (7) as soon as practicable after it is made.
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(9) In the case of a determination under subsection (7)(b), the Regulator shall reconsider its decision within the specified period or the specified period as extended for a further period by the Appeals Board following—
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(a) a request from the Regulator,
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(b) consultation with the parties to the appeal, and
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(c) the Appeals Board being satisfied that there is good and sufficient reason for so extending.
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