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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).
© 1968 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/caypai1968438/s128.html