Health and Safety
at Work (Appeal Tribunal) (Jersey) Regulations 1989
THE STATES, in pursuance of Article 17 of the Health and Safety at Work (Jersey) Law 1989, have made the following Regulations –
Commencement [see endnotes]
In these Regulations,
unless the context otherwise requires –
“chairman” means the chairman of the
Tribunal appointed under Regulation 2(2)(a);
“deputy chairman” means the deputy chairman
of the Tribunal appointed under Regulation 2(2)(b);
“hearing” means a sitting of the Tribunal
duly constituted for the purpose of receiving evidence, hearing addresses and
witnesses or doing anything lawfully requisite to enable the Tribunal to reach
a decision on an appeal;
“Law” means the Health and Safety at Work (Jersey) Law 1989;
“secretary” means the secretary to the
Tribunal appointed under Regulation 5;
“Tribunal” means the
Appeal Tribunal established under Regulation 2.
2 Establishment of Appeal Tribunal
is established an appeal tribunal, to be known as the Health and Safety Appeal
Tribunal, which shall hear and determine appeals under Articles 16 and 27
of the Law.
Tribunal shall consist of –
chairman who shall be an advocate or solicitor of the Royal Court of not less
than 7 years standing;
deputy chairman who shall be an advocate or solicitor of the Royal Court of not
less than 7 years standing; and
appointed by the States.
States may appoint one or more persons to supply a vacancy in the membership of
the Tribunal or to act in the place of a member, other than the chairman or
deputy chairman, who is unable to act.
3 Term of office, resignation and revocation of appointment
member of the Tribunal shall vacate the member’s office at the expiry of
3 years from the date of the member’s appointment but shall be eligible
member of the Tribunal may resign the member’s office by notice in
writing to the Minister.
the States are satisfied that a member of the Tribunal is, by reason of
infirmity of body or mind or for any other reason, no longer capable of
performing the duties of the member’s office, the States may revoke the
4 Constitution of Tribunal
Tribunal shall be properly constituted to hear and determine an appeal if there
is present –
chairman, or deputy chairman and 2 other members;
chairman and deputy chairman and one other member; or,
the consent of the parties to an appeal, the chairman or deputy chairman and
one other member.
chairman or in the chairman’s absence, the deputy chairman, shall preside
at the hearing of an appeal.
the hearing of an appeal has been commenced but not completed before the expiry
of the term of office or the resignation of a member of the Tribunal takes
effect, the States may authorize that member to continue as a member of the
Tribunal for the purpose of completing the hearing of that appeal.
appeal may be continued, notwithstanding any change in the membership of the
Tribunal, as if the change had not occurred; and in particular evidence taken
by the Tribunal need not be taken again on account of the change.
5 Secretary to the Tribunal
The Tribunal may appoint a secretary and such other officers as it
6 Salaries and expenses
There shall be paid such salaries and allowances to the secretary
and any other officers of the Tribunal and such expenses of the Tribunal and
its members as the Minister may determine.
7 Proof of decisions of the Tribunal
The production in any proceedings in any court of a document
purporting to be certified by the secretary as a copy of a decision of the
Tribunal shall, unless the contrary is proved, be sufficient evidence of the
document and the facts stated therein.
These Regulations may be cited as the Health and Safety at Work
(Appeal Tribunal) (Jersey) Regulations 1989.