Housing (Regulation of Approved Housing Bodies) Act 2019

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PART 7

Appeals

Appeals Panel

61. (1) The Minister shall, as soon as practicable after the establishment day, establish an Appeals Panel to determine the appeals provided for in this Act and appoint at least 10 people who, in the opinion of the Minister, have experience or expertise in matters relating to the hearing of appeals or the functions of the Regulator (other than members of the Regulator or staff of the Regulator) to be members of that Panel.

(2) A person shall not be appointed to the Appeals Panel if he or she is a person to whom any of paragraphs (a) to (g) of subsection (10) is applicable.

(3) A member of the Appeals Panel shall hold office for such period, not exceeding 5 years from the date of his or her appointment, as the Minister determines.

(4) The Minister shall appoint a chairperson of the Appeals Panel from among the members of the Appeals Panel.

(5) A member of the Appeals Panel whose term of membership of the Appeals Panel expires shall be eligible for reappointment as a member of the Appeals Panel.

(6) A member of the Appeals Panel is entitled to be paid such remuneration, fees or allowances for expenses as the Minister, with the consent of the Minister for Public Expenditure and Reform, determines.

(7) A member of the Appeals Panel may at any time resign from office by giving notice to the Minister of his or her resignation.

(8) A resignation under subsection (7) takes effect on the day on which the Minister receives the notice.

(9) The Minister may at any time remove from office a member of the Appeals Panel if, in the opinion of the Minister—

(a) the member has become incapable through ill-health of effectively performing his or her functions,

(b) the member has committed stated misbehaviour, or

(c) the removal of the member appears to the Minister to be necessary for the effective performance by the Appeals Panel of its functions.

(10) A member of the Appeals Panel shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is adjudicated bankrupt,

(b) makes a composition or arrangement with creditors,

(c) is sentenced by a court of competent jurisdiction to a term of imprisonment,

(d) is convicted on indictment of an offence, or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,

(e) is convicted of an offence involving fraud or dishonesty,

(f) has a declaration under section 819 of the Act of 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

(g) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Act of 2014, whether by virtue of that Chapter or any other provision of that Act.

(11) If a member of the Appeals Panel dies, resigns, ceases to be qualified for office or is removed from office, the Minister may appoint a person to be a member of the Appeals Panel to fill the casual vacancy so occasioned.

(12) A person appointed to be a member of the Appeals Panel pursuant to subsection (11)—

(a) holds office for so much of the term of office of the member who occasioned the casual vacancy concerned as remains unexpired at the date of the appointment, and

(b) is eligible for reappointment as a member of the Appeals Panel on the expiry of that period.

(13) The Appeals Panel shall be independent in the performance of its functions.

(14) Paragraph 9 of the Schedule shall apply in respect of a member of the Appeals Panel, subject to the modification that references in that paragraph to the Regulator shall be construed as references to the Appeals Panel.

(15) The Minister shall provide such support of an administrative nature to the Appeals Panel as the Minister in his or her opinion determines is necessary to enable the Appeals Panel to perform its functions.