Revised Laws of Saint Lucia (2021)

PART 6
APPEALS BOARD

22.   Appeals Board

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   (1)   There is hereby established an Appeals Board to be known as the Agriculture and Fisheries Incentives Appeals Board which shall comprise of 3 members as follows —

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      (a)     a representative of the Attorney General's Chambers;

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      (b)     a representative of the Ministry of Agriculture; and

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      (c)     a representative of the Customs and Excise Department.

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   (2)   The Minister may, by Notice published in the Gazette, appoint the members of the Appeals Board and designate one of the members as the Chairperson of the Appeals Board.

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   (3)   A member of the Appeals Board shall hold office for a term not exceeding 3 years and is eligible for reappointment.

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   (4)   The Minister may, in writing, revoke the appointment of any member of the Appeals Board.

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   (5)   A member of the Appeals Board shall be paid such remuneration and allowances as the Minister may determine.

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   (6)   A person is disqualified from being a member of the Appeals Board if that person —

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      (a)     is declared a bankrupt pursuant to Chapter 9 of the Commercial Code, Cap. 244 of the Revised Laws of Saint Lucia, 1957;

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      (b)     is declared by a Court to be mentally incapacitated by reason of unsoundness of mind; or

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      (c)     has been charged with and convicted of a criminal offence except where the offence is a minor traffic offence or is spent under the Criminal Records (Rehabilitation of Offenders) Act.

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   (7)   The Appeals Board shall meet at such times, at such places and on such days as may be necessary or expedient for the discharge of its functions.

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   (8)   The quorum for a meeting under subsection (7) is by a simple majority of the members of the Appeals Board.

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   (9)   The decisions of the Appeals Board shall be by a majority of votes of those members present and voting and where the voting is equal the Chairperson has, in addition to his or her original vote, a casting vote.

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   (10)   A member of the Appeals Board shall, as soon as practicable, inform the Chairperson of any matter in which he or she has, either directly or indirectly, any pecuniary or business interest in any hearing, deliberation or decision by the Appeals Board on that matter.

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   (11)   A decision of the Appeals Board shall be signed by the Chairperson of and the Secretary of the Appeals Board.

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   (12)   The validity of any decision of the Appeals Board shall not be affected by any vacancy in its membership or by any defect in the appointment of its members.

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   (13)   Subject to this section, the Appeals Board has the power to regulate its own proceedings.

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   (14)   An aggrieved person may appeal to the Appeals Board a decision of the Minister to revoke a licence under section 15 within 21 working days of the date that he or she received notice of a revocation of such licence, and such revocation of a licence shall remain in force until such time that a final decision is