Tribunals of Inquiry (Evidence) (Amendment) Act, 2002
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Membership of tribunals. |
4.—Section 2 of the Act of 1979 is amended by the addition of the following subsections: | |
“(3) One or more persons may be appointed to be a member or members of a tribunal at any time after the tribunal is appointed. | ||
(4) Subject to section 6 (as amended by section 3 of the Tribunals of Inquiry (Evidence) (Amendment) Act, 1997 ) of this Act, a decision or determination of a tribunal consisting of more than one member may be that of a majority of its members and, in the case of an equal division among its members as to the decision or determination to be made, the decision or determination shall be that of the chairperson of the tribunal. | ||
(5) If the chairperson of a tribunal is for any reason unable to continue to act as such chairperson, another member of the tribunal may be designated as its chairperson, and the former chairperson may continue to be a member of the tribunal. | ||
(6) An appointment under subsection (3), or a designation under subsection (5), of this section shall be made by an amendment under section 1A (inserted by section 1 of the Tribunals of Inquiry (Evidence) (Amendment) (No. 2) Act, 1998 ) of the Principal Act of the instrument by which the tribunal concerned was appointed, and may be so made notwithstanding the fact that the tribunal concerned, while consenting to or requesting the making of the appointment or designation, does not consent to the appointment or designation of the particular person. | ||
(7) An appointment under subsection (3), or a designation under subsection (5), of this section shall not affect decisions, determinations or inquiries made or other actions taken by the tribunal concerned before such appointment or designation. | ||
(8) A member of a tribunal who is unable to act as such member, whether temporarily or for the remainder of the tribunal's inquiry, shall be deemed for the duration of such inability not to be a member of the tribunal. | ||
(9) A tribunal may act or continue to act notwithstanding one or more vacancies among its members if it is satisfied that the legal rights of any person affected by the proceedings of the tribunal would not be thereby unduly prejudiced.”. |