John Curran (Dublin Mid West, Fianna Fail)

I move amendment No. 56:

In page 32, to delete lines 30 to 44 and substitute the following:

"42.—(1) A person whose application under section 38 is refused by the Authority may appeal the refusal to the Tribunal, not later than 21 days, or such longer period as the Tribunal may, for good and sufficient reason, determine, after service on the person of a notification in writing of the refusal by the Authority.

(2) A person who has been removed from the register in accordance with subsection (1), (2), (10) or (11) of section 40 may appeal the decision to remove the person from the register, not later than 21 days, or such longer period as the Tribunal may for good and sufficient reason determine, after service on the person of a notification in writing of the decision by the Authority.

(3) A body that, in accordance with subsection (1) or (2) of section 41, is no longer deemed to be registered may appeal the notice referred to in that subsection, not later than 21 days, or such longer period as the Tribunal may for good and sufficient reason determine, after service on the person of the notice.

(4) A body that, in accordance with subsection (7) or (8) of section 41, is no longer deemed to be registered may appeal the notice referred to in that subsection, not later than 21 days, or such longer period as the Tribunal may for good and sufficient reason determine, after service on the person of the notice.

(5) The Minister may appeal a decision of the Authority to register a person under section 38, not later than 21 days, or such longer period as the Tribunal may, for good and sufficient reason, determine after the person is so registered.

(6) Upon an appeal under subsection (1), the Tribunal may make a determination —

(a) requiring the Authority to register the appellant in the register, or

(b) affirming the decision of the Authority.

(7) Upon an appeal under subsection (2), the Tribunal may make a determination—

(a) requiring the Authority to restore the appellant to the register,

(b) requiring the Authority to restore the appellant to the register subject to such conditions as the Tribunal may specify, or

(c) affirming the decision of the Authority.

(8) Upon an appeal under subsection (3) or (4), the Tribunal may—

(a) revoke the notice under section 41,

(b) revoke the notice under section 41 subject to such conditions as the Tribunal may specify, or

(c) affirm the decision of the Authority.

(9) Upon an appeal under subsection (5), the Tribunal may make a determination—

(a) granting the relief sought by the Minister, or

(b) affirming the decision of the Authority.

(10) The Authority shall comply with a determination of the Tribunal under this section.".—

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