Land Act, 1933

The Appeal Tribunal.

7.—(1) On and after the appointed day the Judicial Commissioner and two Lay Commissioners nominated for the purpose by the Executive Council shall constitute a tribunal, to be known and in this Act referred to as the Appeal Tribunal, to hear and determine all such applications, matters, and things as are by this Act or shall hereafter be authorised to be brought before it.

(2) Every Lay Commissioner appointed to be a member of the Appeal Tribunal shall hold his office as such member by the same tenure as a Judge of the Circuit Court holds his office as such Judge.

(3) Whenever the Executive Council is satisfied that a member of the Appeal Tribunal other than the Judicial Commissioner is temporarily unable on account of illness, absence on vacation, or other sufficient reason to discharge his duties as such member, the Executive Council may appoint another Lay Commissioner to be a member of the Appeal Tribunal during such temporary inability, and every Lay Commissioner so appointed shall while his said appointment continues hold office as such member by the same tenure as a Judge of the Circuit Court holds his office as such Judge.

(4) The Judicial Commissioner shall preside at every sitting of the Appeal Tribunal.

(5) Every question before the Appeal Tribunal shall be determined by a majority of the members of the tribunal, save that, on any question which, in the opinion of the Judicial Commissioner with the concurrence of one or both of the other members of the tribunal, is a question of law, the opinion of the Judicial Commissioner shall prevail.

(6) An appeal shall lie to the Supreme Court from every determination by the Appeal Tribunal that a question before it is or is not a question of law, and for that purpose whenever the Appeal Tribunal determines that a question before it is or is not a question of law, the order made by the Appeal Tribunal on the said question so before it shall state the fact of such determination and whether the said question so before it was determined to be or was determined not to be a question of law.

(7) The Minister may, with the concurrence of a majority of a committee consisting of the Judicial Commissioner, the Secretary of the Land Commission, a Lay Commissioner appointed for the purpose by the Minister, a practising barrister nominated by the Council of the Bar of Saorstát Eireann, and the President of the Incorporated Law Society, make rules regulating and prescribing the practice and procedure of the Appeal Tribunal.