CIVIL AVIATION: SUBSIDIARY LEGISLATION: CIVIL AVIATION (APPEALS TRIBUNAL) REGULATIONS

(section 89(2)(a)(xxxviii))

(28th September, 2012)

ARRANGEMENT OF REGULATIONS

    REGULATION

PART I
Preliminary

    1.    Citation

    2.    Appointment of Chairperson

PART II
Procedure of Appeals

    3.    Appeals to Appeals Tribunal

    4.    Lodging of documents by Authority

    5.    Hearing to be open to public

    6.    Powers of Appeals Tribunal

    7.    Appeals Tribunal to regulate its own proceedings

    8.    Representation before Appeals Tribunal

    9.    Opportunity to make submissions concerning evidence>

    10.    Discontinuance, dismissal of application

    11.    Parties reaching agreement

    12.    Operation and implementation of decisions subject to appeal

    13.    Decision of Appeals Tribunal

PART III
Offences and Penalties

    14.    Failure to comply with summons

    15.    Failure to answer questions

    16.    False or misleading evidence

    17.    Contempt of Appeals Tribunal

PART IV
Miscellaneous Provisions

    18.    Immunity from suit

        SCHEDULE

S.I. 80, 2012

PART I
Preliminary (regs 1-2)

1.    Citation

    These Regulations may be cited as the Civil Aviation (Appeals Tribunal) Regulations.

2.    Appointment of Chairperson

    (1) The members of Appeals Tribunal shall appoint a Chairperson from among their number.

    (2) The Chairperson may, by an instrument in writing, delegate to a Member all or any of his or her administrative functions under these Regulations.

    (3) The power delegated under this regulation when exercised by the delegate shall, for all purposes of these Regulations, be deemed to have been exercised by the Chairperson.

PART II
Procedure of Appeals (regs 3-13)

3.    Appeals to Appeals Tribunal

    (1) A person wishing to appeal against a decision of the Authority in terms of section 80 of the Act shall—

    (a)    lodge a notice of appeal, in the form set out in the Schedule accompanied by a fee of P200; and

    (b)    cause a copy of the notice of appeal to be served on the Authority and on any other person who has an interest in the decision that is the subject of appeal.

    (2) Any appeal lodged more than the 14 days' period stipulated in section 80(2), shall be accompanied by reasons for late delivery, and the Appeals Tribunal shall determine whether it will consider the appeal, or whether, in the circumstances, it should be rejected.