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S.I. No. 46/1930 - National Health Insurance (Appeal From Approved Society Audit) Regulations, 1930.

SAORSTÁT EIREANN. STATUTORY RULES AND ORDERS. 1930. No. 46.NATIONAL HEALTH INSURANCE

(APPEAL FROM APPROVED SOCIETY AUDIT) REGULATIONS, 1930.

REGULATIONS MADE BY THE IRISH INSURANCE COMMISSIONERS, WITH THE CONCURRENCE OF THE MINISTER FOR LOCAL GOVERNMENT AND PUBLIC HEALTH, UNDER PARAGRAPH 2 (1) OF THE FIRST SCHEDULE TO THE NATIONAL HEALTH INSURANCE ACT, 1929 .

Dated 30th May, 1930.

The Irish Insurance Commissioners, in exercise of the powers conferred on them by paragraph 2 (1) of the First Schedule to the National Health Insurance Act, 1929 , do hereby, with the concurrence of the Minister for Local Government and Public Health, make the following Regulations:—

1. These Regulations may be cited as the National Health Insurance (Appeal from Approved Society Audit) Regulations, 1930.

2.—(1) In these Regulations, unless the context otherwise requires:—

" The Commissioners " means the Irish Insurance Commissioners ;

" Appellant " means any Committee of Management of an Approved Society or person appealing to the Commissioners under these Regulations ;

" Society " means an Approved Society.

(2) The Interpretation Act, 1889, as modified and adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), applies to the interpretation of these Regulations as it applies to the interpretation of an Act of the Oireachtas.

3. An appeal to the Commissioners from any disallowance or surcharge by the auditor of the accounts of a Society may be made by giving to the Commissioners within 30 days after the date of the auditor's certificate notice of the appeal in writing signed by or on behalf of the appellant.

4. The appellant shall, either with the notice of appeal or within 14 days thereafter or within such further period as the Commissioners may, either before or after the expiration of the said period of 14 days, in their absolute discretion allow, send to the Commissioners a statement setting out the grounds, whether of facts or of law, upon which he desires to appeal against the said disallowance or surcharge.

5. The Commissioners may, at any stage of the proceedings on appeal, require the appellant or the Society to furnish them with any document or statement in writing in reference to the matters in question, and they may have regard for the purposes of their decision (whether or not an oral hearing is held pursuant to the provisions of these Regulations) to any document or statement which they may thus obtain.

6. The appellant shall not, without the leave of the Commissioners, or, in a case where there is an oral hearing, without the leave of the person or persons before whom the hearing takes place, be entitled to rely upon any facts or contentions other than those set out in the statement of his grounds of appeal.

7. If it appears to the Commissioners that the appeal is of such a nature that it can properly be determined without an oral hearing on the information contained in the auditor's certificate and statement, if any, and in the statement furnished by the appellant of his grounds of appeal or in any document or statement furnished to the Commissioners under these Regulations, the Commissioners may, with the consent of the appellant, dispense with an oral hearing and determine the appeal summarily, and shall communicate their decision to the appellant, the Society and the auditor.

8. If an oral hearing is required, the Commissioners shall appoint one or more of the Commissioners or any other fit person or persons to hear the appeal.

9. An oral hearing shall take place at such time and place as the Commissioners may direct, and they shall cause notice in writing thereof to be sent by post to the appellant, the Society and the auditor not less than seven days before the day fixed for the hearing.

10. The person or persons before whom the oral hearing takes place may adjourn the hearing from time to time as he or they may think fit.

11. The appellant, the Society and the auditor may attend and be heard at the oral hearing either in person, or in the case of the Society by any duly authorised officer, or in any case, with the consent of the Commissioners, by any other representative including counsel or solicitor.

12. Subject as aforesaid, the procedure at the oral hearing shall be such as the person or persons before whom the hearing takes place may determine.

13. The person or persons before whom the oral hearing takes place shall, as soon as may be after the hearing, draw up a report, stating such relevant facts as appear to him or them to be established by the evidence and the inferences of fact which in his or their opinion may properly be drawn from the facts so established, and the Commissioners, after taking such report into consideration, shall give their decision in due course and communicate it to the appellant, the Society and the auditor.

Given under the Official Seal of the Irish Insurance Commissioners, this 30th day of May, in the year one thousand nine hundred and thirty.

JOHN HOULIHAN,

Secretary to the Irish Insurance Commissioners.