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1. Citation

These Regulations may be cited as the Water and Sewerage (Appeals Tribunal) Regulations.

2. Interpretation

In these Regulations—

“Act” means the Water and Sewerage Act;

“appellant” means a service licensee or an intervening party who participated extensively or sought to participate, in the proceeding leading to the decision being appealed;

“Tribunal” means the Appeals Tribunal appointed pursuant to section 96 of the Act.

PART 2
CONSTITUTION AND POWERS

3. Constitution

(1) Subject to subsection (2), the Tribunal shall comprise not less than 3 nor more than 5 members, appointed by the Judicial and Legal Services Commission after consultation with Cabinet.

(2) The Tribunal shall have at least one member who is an expert in water sector operations, one who is an expert in economic regulations and one who is an expert in regulatory law.

(3) One member of the Tribunal shall be from Saint Lucia, and one member may be from the same country as the licensee, or permit holder or any significant shareholder in the licensee or permit holder.

4. Tenure

Subject to regulation 5, a member of the Tribunal shall hold office for a term of 5 years, but shall be eligible for reappointment.

5. Removal and resignation

(1) A member of the Tribunal may be removed from office by the Judicial and Legal Services Commission after consultation with Cabinet and the Commission on the grounds of—
1. (a) failure to execute his or her functions as a member by reason of infirmity or mental illness;
1. (b) misconduct;
1. (c) failure to execute his or her functions as a member without reasonable excuse; and
1. (d) being placed, by conduct or otherwise, in a position that is incompatible with the due execution of his or her office.

(2) A member of the Tribunal may at any time resign from office by instrument in writing addressed to the Judicial and Legal Services Commission, transmitted through the Chairperson, and such resignation shall take effect as from the date of receipt of the instrument by the Judicial and Legal Services Commission.

6. Inquiry

(1) The Commission shall cause a commission of inquiry to be appointed under the Commissions of Inquiry Act, Cap. 17.03 where it considers that an inquiry should be held to determine whether a member of the Tribunal should be subject to disciplinary or remedial measures on any of the grounds specified in regulation 5.

(2) The Commissioner of the inquiry shall send his or her report to the Judicial and Legal Services Commission, Cabinet and the Commission.

(3) On receipt of a report under subregulation (2), the Judicial and Legal Services Commission may, after consultation with Cabinet and the Commission, remove a member of the Tribunal or take any other remedial measure recommended by the Commissioner of the inquiry.

7. Continuation of proceedings after termination

(1) A person who resigns or ceases to hold office as a member may, if authorised to do so by the Judicial and Legal Services Commission after consultation with Cabinet and the Commission, continue to inquire into, hear and determine a proceeding to which that person was assigned while that person was a member.

(2) Where a person continues to be a member in accordance with subregulation (1), he or she shall continue to be a member on the terms and conditions that the Judicial and Legal Services Commission, after consultation with Cabinet and the Commission, considers appropriate.

8. Absence or incapacity

(1) If a member of the Tribunal is absent or unable to perform the functions of his or her office, or if there is a vacancy in the Tribunal, the Judicial and Legal Services Commission may, after consultation with Cabinet and the Commission, appoint another person to act temporarily in place of the member.

(2) An appointment made pursuant to sub regulation (1) shall be in accordance with the constitution of the Commission stipulated in regulation 3.

9. Publication of changes in membership

Cabinet shall publish in the Gazette the appointment of any member of the Tribunal and the termination of office of person as a member, whether by death, resignation, removal, effluxion of time or otherwise.

10. Secretary

(1) The Tribunal shall appoint a Secretary.

(2) The Secretary shall keep a written record of all proceedings of the Tribunal, which shall be confirmed by the Chairperson.

11. Remuneration

A member of the Tribunal is entitled to be paid remuneration per sitting based on the rate of an international legal consultant performing similar duties.

12. Sittings and quorum

(1) The Tribunal shall sit in Saint Lucia at the times necessary or expedient for the discharge of its functions.

(2) Subject to sub regulation (3), 3 members of the Tribunal constitute a quorum.

(3) A member of the Tribunal shall, as soon as is practicable, inform the Chairperson of any matter in which he or she has, either directly or indirectly, personally or by his or her spouse, partner, business associate or company, any pecuniary or business interest and that member shall take no part, directly or indirectly, in any hearing,deliberation or decision by the Tribunal on that matter.

13. Powers of Tribunal

(1) The Tribunal has, with respect to the appearance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of orders and other matters -necessary or proper for the due exercise of their jurisdiction, all the powers, rights and privileges that are vested in a superior court of record and, without limiting the generality of the foregoing, the Tribunal may—
1. (a) issue a summons requiring a person to –
  1. (i) appear at the time and place stated in the summons to testify to all matters within the person's knowledge relative to any subject matter before the Appeal Tribunal, and
  1. (ii) bring and produce any document, book or paper including electronic media in the person's possession or under the person's control relative to that subject matter;
1. (b) administer oaths and examine any person on oath; and
1. (c) during the hearing, receive evidence that they consider;
1. (d) relevant and trustworthy and are not bound by any legal or technical rules of evidence.

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

(3) The Tribunal shall not conduct a detailed economic or technical review of a decision unless it first finds that there is reasonable probability that the decision being appealed is erroneous.

(4) The Tribunal may choose to conduct a detailed review of economic, financial or technical component of a decision before arriving at a final decision.

14. Expert advice

The Tribunal may retain the services of legal, economic, financial or technical consultants to advise it on any matter relating to the discharge of its functions.

15. Confidentiality

(1) A member of the Tribunal shall at all times preserve and aid in preserving confidentiality with regard to all matters coming to his or her knowledge in the performance of his or her duties.

(2) Except for the performance of his or her duties or under legal obligation, no member, of the Tribunal shall communicate any confidential matter to any person or, unless under legal obligation, grant to any person access to any records in the possession, custody or control of the Tribunal.

16. Validity of proceedings

The validity of any proceedings of the Tribunal shall not be affected by any vacancy in its membership or by any defect in the appointment of any of its members.

PART 3
APPEAL PROCEDURE

17. Application for appeal

(1) An appellant may appeal in writing to the Tribunal.

(2) The application for appeal shall be signed by the appellant and “copies of the application for appeal shall be submitted to the Secretary.

(3) An application for appeal shall be dated as of the day on which it is signed and shall state—
1. (a) the name of the appellant;
1. (b) the appellant's office, if any;
1. (c) the date of the decision from which the appellant desires to appeal;
1. (d) the person or authority from whose decision the appellant desires to appeal;
1. (e) the date on which the appellant received application for the decision he or she desires to appeal;
1. (f) the decision which the appellant seeks from the Tribunal;
1. (g) an address to which any notice or other document may be sent to the appellant from the Tribunal; and
1. (h) the reasons in detail for the appeal and materials in support of the petition.

(4) The secretary shall publish in the Gazette an address where an application for appeal may be given under these Regulations.

(5) An application for appeal shall be given to the secretary either personally or by sending it by registered mail to the address published under sub regulation (4).

18. Transmission of the appeal documents

The secretary shall send one copy of the application for appeal and any other document that is relevant to the appeal to each of the following persons—

(a) the members of the Tribunal,

(b) the person whose decision is being appealed; and

19. Hearing

(1) At least 7 days before the date fixed for the hearing of an appeal, the secretary to the Tribunal shall advise the parties by notice in writing of the date, and the place at which the appeal has been set down for hearing.

(2) At a hearing by the Tribunal the parties are entitled to appear in person or by a representative.

(3) Subject to sub regulation (4), the hearing of the Tribunal shall be public.

(4) The Tribunal may, on application, take any measures or make any order that the Tribunal considers necessary to ensure the confidentiality of the proceedings if it is satisfied that financial or personal or other matters may be disclosed and are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest, outweighs the desirability of adhering to the principle that the inquiry be conducted in public.

20. Decisions

(1) After considering the evidence and any representations made on behalf of any party to the proceedings, the Tribunal may affirm, set aside or vary, the decision appealed, make any other decision which the person could have made or direct the person to retake the decision after taking into consideration the conclusion of the Tribunal on any point.

(2) The Tribunal shall publish the decision within a period of 9 days of the appeal, or such extended period that the parties decide by mutual agreement.

(3) The decisions of the Tribunal is by a majority of votes of those members present and voting and, in addition to an original vote, the Chairperson has a second or casting vote in any case in which the voting is equal.

(4) The decisions of the Tribunal shall be authenticated by the signature of the Chairperson and the secretary.

21. Costs

The Tribunal may assess its costs of processing an appeal against the losing party if it concludes that unreasonable conduct by that party contributed to the costs of the appeal and if the Tribunal makes no such award, the costs of the Tribunal shall be paid from the Water and Sewerage Fund established under section 53 of the Act.

22. Decision final

The Tribunal has exclusive jurisdiction to hear and determine all questions of tact or law in relation to any matter over which it is given jurisdiction and, subject to judicial review, decisions of the Tribunal are final and shall not be appealed.

PART 4
ENFORCEMENT AND OFFENCES

23. Filing of order

(1) The Tribunal may file in the High Court for immediate registration a copy of the order, exclusive of any reasons for it, but the order shall not be filed until at least 30 days after the day on which the order was made has elapsed, or the day provided in the order for compliance with it, whichever is the later.

(2) On filing in the High Court, an order shall be registered in that Court and, when registered, it shall have the same force and effect, and all proceedings may be taken, as if the order were a judgement obtained in that Court.

24. Offence

(1) A person shall not obstruct the Tribunal or a person acting on behalf or under its direction in the performance of its functions under this Act.

(2) A person who contravenes this section commits an offence and is liable on summary conviction to a fine of $5000.00 or imprisonment for a term not exceeding 3 months.