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CO-OPERATIVE SOCIETIES ACT
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1. Citation
2023 Laws not yet authenticated through a Commencement Order

Revised Laws of Saint Lucia (2023)

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1.   Citation

These Regulations may be cited as the Co-operative Societies (Appeals Tribunal) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“Act” means the Co-operative Societies Act;

“Appellant” means any—

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    (a)     Co-operative society;

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    (b)     member or former member of a Co-operative Society; or

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    (c)     any person who is aggrieved by a decision of the Registrar or Arbitrator;

“Arbitrator” means any person appointed by the Registrar for the purpose of hearing a dispute;

“Chairperson” means the Chairperson of the Tribunal;

“member” in relation to an appeal means a member of the Tribunal entitled to sit for the purpose of hearing and determining that appeal;

“Minister” means the Minister with responsibility for co-operatives;

“Registrar” means the Registrar for Co-operatives appointed under section 5 of the Act;

“Secretary” means Secretary to the Tribunal;

“Tribunal” means the Co-operative Societies Appeals Tribunal established under section 188 of the Act.

PART 2
PROCEDURE AND MEETINGS OF TRIBUNAL

3.   Procedure and meetings

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    (1)   The Tribunal shall meet at such times as may be necessary or expedient for the transaction of business, and such meetings shall be held at such place and time and on such days as the Chairperson may determine.

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    (2)   The Chairperson may at any time call a special meeting of the Tribunal and shall call a special meeting within 4 days of a requisition for that purpose addressed to him or her by 2 members of the Tribunal.

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    (3)   The Secretary to the Tribunal shall give to every member of the Tribunal notice of a meeting at least 72 hours before the time appointed for holding the meeting.

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    (4)   The Chairperson shall preside at meetings of the Tribunal and if at any meeting the Chairperson is not present within 30 minutes of the time appointed for holding the meeting, the members present may choose one member among themselves to preside at that meeting.

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    (5)   The decisions of the Tribunal shall be by a majority of votes.

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    (6)   Minutes in the form the Chairperson may direct of each meeting shall be kept by the Secretary.

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    (7)   The Chairperson shall keep notes of the meeting and the notes shall be as authoritative as the minutes kept by the Secretary.

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    (8)   Subject to these Regulations, the Tribunal shall have power to regulate its own proceedings.

PART 3
APPEALS

4.   Application

This Part shall apply to all appeals filed on or after the date on which these Regulations are made.

5.   Notice of Appeal

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    (1)   An appellant may appeal, by notice in writing, to the Tribunal within 14 days of the decision of the Registrar or Arbitrator.

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    (2)   The notice of appeal referred to in subregulation (1) shall be signed by the Appellant and 6 copies of the notice of appeal shall be submitted to the Secretary.

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    (3)   A notice of appeal shall be dated as of the day on which it is signed and shall state—

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      (a)     the name of the Appellant;

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      (b)     the Appellant's office, if any;

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      (c)     the date of the decision from which the Appellant desires to appeal;

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      (d)     the person or authority from whose decision the Appellant desires to appeal;

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      (e)     the date on which the Appellant received notice of the decision he or she desires to appeal;

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      (f)     the decision which the Appellant seeks from the Tribunal;

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      (g)     an address to which any notice or other document may be sent to the Appellant from the Tribunal; and

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      (h)     the reasons in detail for the appeal.

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    (4)   A notice of appeal shall be in the form set out in Schedule 1.

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    (5)   The Secretary shall publish in the Gazette an address where notice of appeal may be given under these Regulations.

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    (6)   A notice of appeal shall be given to the Secretary either personally or by sending it by registered mail to the address published under subregulation (5).

6.   Record

The Secretary shall as soon as possible after receiving a notice of appeal compile a record which shall consist of the—

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    (a)     notice of appeal;

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    (b)     notes of evidence;

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    (c)     relevant documents and exhibits if any;

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    (d)     reasons for the decision of the Registrar or Arbitrator.

7.   Transmission of the record

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    (1)   The Secretary shall, as soon as possible after compiling the record under regulation 6, send one copy to each of the following persons—

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      (a)     the Chairperson;

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      (b)     all other members of the Tribunal;

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      (c)     the Appellant; and

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      (d)     the Registrar or Arbitrator.

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    (2)   The copy of the record to be sent to the Appellant and the Registrar or Arbitrator shall be sent either personally or by registered mail.

8.   Application for extension of time

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    (1)   The Tribunal may extend the time within which an appeal shall be brought under these Regulations.

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    (2)   An application to extend the time within which an appeal shall be brought shall be in writing and the provisions relating to appeals shall, with the necessary modifications, apply to an application under this regulation as they apply to notices of appeal and to the proceedings in appeals.

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    (3)   An application to extend the time within which an appeal shall be brought shall be in the form set out in Schedule 2.

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    (4)   Where the Tribunal extends the time within which an appeal shall be brought, the application to extend the time shall be determined by the members of the Tribunal.

PART 4
HEARING OF APPEALS

9.   Constitution

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    (1)   A hearing by the Tribunal shall comprise the Chairperson and all the members of the Tribunal.

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    (2)   At any hearing by the Tribunal, in the event of a split decision, the hearing shall be reconvened with all the members of which the Tribunal was comprised.

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    (3)   Whenever the Chairperson sits on an appeal he or she shall preside at the hearing.

10.   Hearing by Tribunal

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    (1)   A hearing by the Tribunal shall take place at least 60 days after the date of the Registrar's or Arbitrator's decision.

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    (2)   At least 7 days before the date fixed for the hearing of an appeal, the Secretary to the Tribunal shall by notice in writing advise the Appellant and the Registrar or Arbitrator of the date on, and the place at which the appeal has been set down for hearing.

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    (3)   A notice under subregulation (2) shall be given to the Appellant and the Registrar or Arbitrator either personally or by sending the notice by registered mail.

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    (4)   At least 7 days before the hearing of the Tribunal, the Secretary shall, whenever practicable, cause the notice referred to under subregulation (2) to be published in the Gazette.

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    (5)   At every hearing by the Tribunal the Appellant and the Registrar or Arbitrator shall be entitled to appear in person or by a representative.

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    (6)   The hearing of an appeal by the Tribunal shall be in private.

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    (7)   An appeal to the Tribunal shall be a review of the record.

11.   Powers of Tribunal

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    (1)   The Tribunal shall have power—

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      (a)     to require any person to produce any document which the Tribunal may consider necessary for the purpose of the appeal;

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      (b)     to summon to attend at the hearing of an appeal any person who in its opinion is or might be able to give evidence respecting the appeal;

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      (c)     where any person is summoned to examine him or her on oath;

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      (d)     to adjourn, strike out, dismiss or proceed with the hearing of an appeal where the Appellant or the Registrar or Arbitrator fails to appear;

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      (e)     to adjourn from time to time as the Tribunal sees fit;

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      (f)     to determine the procedure to be followed in an appeal.

12.   Decisions

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    (1)   Upon every hearing of an appeal, the Tribunal may affirm or set aside the decision appealed or may make any other decision which the Registrar or Arbitrator could have made.

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    (2)   The Secretary shall, as soon as possible after the Tribunal has decided an appeal, send a copy of the decision to—

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      (a)     the Appellant;

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      (b)     the Registrar or Arbitrator.

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    (3)   A copy of a decision under subregulation (2) shall be sent to the Appellant and the Registrar or Arbitrator either personally or by registered mail.

13.   Pending appeals

The procedure to regulate all appeals pending before the Tribunal before the date on which these Regulations are made shall be as the members sitting for the purpose of hearing those appeals determine.

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