Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I move amendment No. 46:

In page 35, between lines 16 and 17, to insert the following:

“Determination of appeal by appeals board

45. (1) An appeal—

(a) shall be lodged with the Minister within the time, and in accordance with the procedures, prescribed under section 46, and

(b) shall state the grounds for the appeal.

(2) Subject to this Act and any regulations under section 46, the chairperson of an appeals board shall regulate the procedures of the board.

(3) An appeals board may refuse to determine an appeal where, in the opinion of the appeals board, the appeal lodged is not made in good faith or is frivolous or vexatious.

(4) An appeals board may require any person to provide information which it may reasonably require for the purposes of conducting and determining an appeal.

(5) A decision by a majority of the members of an appeals board shall suffice for any purpose.

(6) In determining an appeal, an appeals board may—

(a) affirm the determination of the Chief Executive Officer, or

(b) where it is satisfied that a serious or significant error or a series of errors was made in making the determination the subject of the appeal or that the determination was made without complying with fair procedures, quash the determination and remit it, for stated reasons, to the Chief Executive Officer.

(7) An appeals board shall communicate its determination under subsection (6), including in the case of a determination under paragraph (b) of that subsection, the reasons therefor, to the recipient of funding who brought the appeal concerned and the Chief Executive Officer as soon as practicable after it is made.

(8) In the case of a determination under subsection (6)(b), the Chief Executive Officer shall reconsider his or her determination.

(9) An appeals board shall be independent in the performance of its functions.”.