Revised Laws of Saint Lucia (2022)

146.   Recommendation of the Board

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    (1)   As soon as is practicable after the conclusion of a hearing in relation to the proposed publication of a notice declaring goods to be unsafe under section 136, imposing a permanent ban under section 137 or compulsorily recalling goods under section 140, the Board shall —

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      (a)     by notice in writing given to the Director, recommend that —

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        (i)     the Director shall publish the notice declaring the goods to be unsafe under section 136, imposing a permanent ban under section 137 or compulsorily recalling the goods under section 140 in the same terms as the draft notice referred to in section 145,

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        (ii)     the Director shall publish the notice declaring the goods to be unsafe under section 136, imposing a permanent ban under section 137 or compulsorily recalling the goods under section 140 with such modification as is specified by the Board, or

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        (iii)     the Director shall not publish the notice declaring the goods to be unsafe under section 136, imposing a permanent ban under section 137 or compulsorily recalling the goods under section 140; and

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      (b)     cause a copy of the notice in writing that is given to the Director under paragraph (a) to be given to each supplier who was present or represented at the hearing.

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    (2)   As soon as is practicable after the conclusion of a hearing in relation to a notice declaring goods to be unsafe that has been published under section 136, the Board shall —

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      (a)     by notice in writing given to the Director, recommend that the notice declaring the goods to be unsafe under section 136 —

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        (i)     remains in force,

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        (ii)     be varied, or

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        (iii)     be revoked; and

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      (b)     cause a copy of the notice in writing that is given to the Director under paragraph (a) to be given to —

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        (i)     the Board member who was present at the hearing,

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        (ii)     each supplier who was present or represented at the hearing,

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        (iii)     any other person whose presence at the hearing was considered by the Board to be appropriate.