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145.   Opportunity for hearing

Revised Laws of Saint Lucia (2021)

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145.   Opportunity for hearing

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    (1)   Subject to section 148, where the Director proposes to publish a notice declaring goods to be unsafe under section 136, imposing a permanent ban under section 137 or compulsorily recalling goods under section 140 in relation to goods of a particular kind, the Director shall prepare —

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      (a)     a draft of the notice proposed to be published; and

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      (b)     a summary of the reasons for the proposed publication of the notice.

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    (2)   The Director shall by Notice published in the Gazette and at least 2 newspapers of general and weekly circulation in Saint Lucia, invite any supplier, who supplied or proposes to supply goods of that kind to notify the Council within the period of 10 days commencing on the day specified in the notice not being earlier than the day on which the Notice is published, whether the supplier wishes the Council to hold a hearing in relation to the proposed publication of the Notice. (Amended by Act 14 of 2021)

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    (3)   A Notice published under subsection (2) must set out a copy of the draft notice declaring goods to be unsafe under section 136, imposing a permanent ban under section 137 or compulsorily recalling goods under section 140 in relation to goods and a copy of the summary of the reason for the proposed publication of the Notice.

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    (4)   Where a supplier does not notify the Council in writing within the period specified in subsection (2) or within such longer period as the Council allows, that the supplier wishes the Council to hold a hearing in relation to the proposed publication of 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 the Council shall notify the Director. (Amended by Act 14 of 2021)

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    (5)   Where a supplier notifies the Council in writing within the period specified in subsection (2) or within such longer period as the Council allows that the supplier wishes the Council to hold 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 Council shall appoint a day, being not later than 14 days after the end of that period, time and place for the holding of the hearing, and give notice of the day, time and place so appointed to the Director and to each supplier who so notified the Council. (Amended by Act 14 of 2021)

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    (6)   At a hearing held pursuant to this section —

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      (a)     the Council is represented by a member or members nominated by the Chairperson; (Amended by Act 14 of 2021)

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      (b)     each supplier who notified the Council in accordance with subsection (5) is entitled to be present or to be represented; (Amended by Act 14 of 2021)

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      (c)     any other person whose presence at the hearing is considered by the Council to be appropriate is entitled to be present or to be represented; (Amended by Act 14 of 2021)

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      (d)     the Director or a person nominated in writing by the Director is entitled to be present; and

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      (e)     the procedure to be followed is as determined by the Council. (Amended by Act 14 of 2021)

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    (7)     The Council shall cause a record of proceedings at a hearing held pursuant to this section to be kept. (Amended by Act 14 of 2021)

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    (8)     The Council shall, as far as is practicable, ensure that each person who, in accordance with subsection (6), is entitled to be present or who is representing such a person at a hearing is given a reasonable opportunity at the hearing to present his or her case and, in particular, to inspect any documents which the Council proposes to consider for the purpose of making a recommendation after the conclusion of the hearing. (Amended by Act 14 of 2021)

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    (9)   Notwithstanding subsection (8), there is no obligation to afford an opportunity to inspect any document that contains particulars of a secret formula or process, and to make submissions in relation to such documents.

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