Building Control Act 2007

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Appeals procedure (Part 5).

53.— (1) A person adversely affected by a decision of the Admissions Board, the Technical Assessment Board or the Professional Conduct Committee may appeal to the Appeals Board against the decision.

(2) An appeal shall be in writing and lodged with the Appeals Board within 3 months after the date of the decision being appealed against.

(3) The appeal shall specify the decision to which the appeal relates and the grounds on which the appeal rests.

(4) An appeal may be based on either procedural or substantive matters.

(5) A person may, at any time before the appeal is heard, withdraw the appeal in whole or in part by notifying the Appeals Board in writing of the withdrawal.

(6) A witness at a hearing conducted by the Appeals Board has the same immunities and privileges as if he or she were a witness before the High Court.

(7) The chairperson of the Appeals Board may—

(a) direct in writing an appellant to attend before the Appeals Board on a date and at a time and place specified in the direction,

(b) direct in writing any other person whose evidence the Appeals Board may require, to attend before the Appeals Board on a date and at a time and place specified in the direction, and may direct the person to bring any document in the person’s possession relating to the appeal,

(c) request the relevant Board or Committee whose decision is being appealed against to produce any documents in its possession relating to the appeal, together with its observations on the appeal,

(d) give any other direction for the purpose of the proceedings that appears to the chairperson to be fair and reasonable.

(8) The procedures of the Appeals Board shall make provision for—

(a) notifying the appellant and the chairperson of the relevant Board or Committee of the date, time and place of the sitting of the Appeals Board,

(b) advising the appellant of the appellant’s right—

(i) to be present at the Appeals Board’s sitting, and

(ii) to present his or her case in person or, at his or her own expense, through a legal representative,

(c) the examination of witnesses,

(d) determination by the Appeals Board as to whether or not evidence should be given under oath,

(e) recording of proceedings.

(9) On the hearing of an appeal under this section, the Appeals Board may—

(a) confirm the decision of the relevant Board or Committee, subject to any amendment thereof the Appeals Board thinks fit,

(b) annul the decision and direct the relevant Board or Committee to make a new decision, or

(c) give such other directions as it thinks fit.

(10) The chairperson of the Appeals Board shall notify—

(a) the appellant in writing, sent by prepaid registered post to the appellant’s stated address, of the decision taken on the appeal, the date on which it was made and the reasons for it, and shall also advise the appellant of the right to appeal to the High Court against the Appeals Board’s decision,

(b) the relevant Board or Committee against whose decision the appeal was made of the decision taken on the appeal, the date on which it was made and the reasons for it,

(c) where the appellant was the person who had lodged the complaint with the Professional Conduct Committee under Part 6 , the registered building surveyor in respect of whom the complaint was made, stating the decision taken on the appeal, the date on which it was made and the reasons for it.