Revised Laws of Saint Lucia (2021)

59.   Orders of the Tribunal

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    (1)   The Tribunal may make an order —

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      (a)     to require the supplier to —

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        (i)     remove the defect from the goods in question,

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        (ii)     replace the goods with new goods of a similar description which must be free from any defect,

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        (iii)     return to the person making a complaint the price, or charges paid by that person,

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        (iv)     remove the deficiencies in the services in question,

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        (v)     desist and discontinue the unfair trade practice or the restrictive trade practice,

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        (vi)     refrain from offering the hazardous goods for sale,

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        (vii)     withdraw the hazardous goods from being offered for sale,

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        (viii)     cease the manufacture of hazardous goods and to desist from offering services which are hazardous in nature,

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        (ix)     issue corrective advertisement to neutralize the effect of misleading advertisement at the cost of the supplier responsible for issuing such misleading advertisement; or

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        (x)     provide for prescribed costs to parties in addition to the fees paid to the laboratory for analysis or testing under section 13(8);

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      (b)     subject to section 45, to impose a fixed penalty as specified in Schedule 4.

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    (2)   An Order of the Tribunal must be —

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      (a)     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;

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      (b)     authenticated by the signature of the Chairperson;

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      (c)     sent to the Council and consumer in writing.

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    (3)   Where the Tribunal makes an Order under subsection (2), the Tribunal shall keep a record of its decision.

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      (Substituted by Act 14 of 2021)