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CHILDREN AND YOUNG PERSONS ACT (NORTHERN IRELAND) 1968 - SECT 128

1967 c.35

128.(1) Where under section 127 application for the registration of a
voluntary home is refused, or it is proposed to remove a voluntary home from
the register, the persons intending to carry on or carrying on the home, as
the case may be, may within twenty-eight days from the service of the notice
under subsection (3) or subsection (4) of that section appeal to a tribunal
(in this section called "an Appeal Tribunal") constituted in accordance with
the provisions of Schedule 4 against the refusal or proposal; and where the
appeal is brought against a proposal to remove a home from the register, the
home shall not be removed therefrom before the determination of the appeal.

(2) An appeal under this section shall be brought by notice served on
the Ministry requiring it to refer the refusal or proposal to
an Appeal Tribunal.

(3) On an appeal under this section an Appeal Tribunal may confirm the refusal
or proposal of the Ministry or may direct that the home shall be registered
or, as the case may be, shall not be removed from the register, and
the Ministry shall comply with the direction.

(4) The Ministry shall pay to any member of an Appeal Tribunal such
remuneration, if any, and such travelling or other allowances as may be
approved by the Ministry of Finance; and such remuneration and allowances
together with any other expenses reasonably incurred by an Appeal Tribunal
with the approval of the Ministry may be defrayed by the Ministry out of
moneys provided by Parliament.

(5) An Appeal Tribunal may by summons require any person to attend, at such
time and place as is set forth in the summons, to give evidence or to produce
any documents or articles in his custody or under his control which relate to
any appeal or other matter pending before the Tribunal, and may hear, receive
and examine evidence on oath and for that purpose may administer oaths, or
may, instead of administering an oath, require the person examined to make and
subscribe a declaration of the truth of the matter respecting which he is
examined; and the Tribunal may also exercise the powers conferred by
Schedule 4.

(6) Every person who refuses or wilfully neglects to attend in obedience to a
summons issued under subsection (5), or to give evidence, or who wilfully
alters, suppresses, cancels, destroys or refuses to produce any document or
article which he may be required to produce by virtue of that subsection,
shall be guilty of an offence and shall be liable on summary conviction to a
fine not exceeding one hundred pounds or to imprisonment for a term not
exceeding six months or to both.

(7) Any person entitled to appeal to an Appeal Tribunal may appear and be
heard on any such appeal either in person or by counsel or solicitor.

(8) The provisions of subsections (2), (4), (5), (6) and (7) and of Schedule 4
shall apply in relation to appeals made to an Appeal Tribunal under section 31
of the Adoption Act (Northern Ireland) 1967 as they apply in relation to
appeals under subsection (1).


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© 1968 Crown Copyright

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