Revised Laws of Saint Lucia (2021)

29M.   Procedure for an appeal

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    (1)   On receiving a notice of appeal under section 29H, the Secretary to the Panel shall—

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      (a)     forward notice of it to the Panel;

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      (b)     if the appeal is in relation to racing and if the placing of a horse may be affected by the result of the appeal, give a copy of the notice of the appeal to the owner of the horse, if the owner is not the appellant;

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      (c)     if applicable, serve on the appellant a transcript of the evidence taken at the hearing in respect of the decision appealed against or any statement of reasons given in respect of the decision being appealed;

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      (d)     serve on the respondent—

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        (i)     notice of the appeal, and

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        (ii)     notice of the grounds of appeal, and

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        (iii)     if applicable, a transcript of the evidence taken at the hearing in respect of the decision appealed against or a statement of reasons for the decision appealed against.

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    (2)   A notice of appeal may not be withdrawn except with the leave of the Panel and in granting leave, a Panel may impose such conditions as to the payment of costs or otherwise as it considers fit.

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    (3)   The date, time and place for the hearing of an appeal is to be fixed by a Panel and the Secretary to the Panel shall give at least 7 days' written notice of the date, time and place to the appellant and to such other persons as the Panel considers fit.

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    (4)   A Panel must commence the hearing of an appeal as soon as practicable but within 28 days of the lodging of the notice of appeal.

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    (5)   A Panel may extend a period of time specified in this section if in its opinion the circumstances of the case so require.

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    (6)   If a Panel is of the opinion that an appeal should be heard and determined as a matter of urgency, a Panel may, with the consent of the appellant—

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      (a)     dispense with the requirement for a transcript of the evidence taken at the hearing in respect of the decision appealed against to be served on the appellant and forwarded to the Panel; and

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      (b)     shorten the period of notice fixed under subsection (3);

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      (c)     rely on evidence available to it concerning the hearing in respect of the decision appealed against; and

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      (d)     direct that the appellant must lodge a notice of appeal in the manner and within the time specified and limit the appeal to the grounds specified in that notice, except by leave of the Panel.

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    (7)   A Panel may, on written application by an appellant lodged with the Secretary to the Panel, issue a notice to the licensee that the decision appealed against—

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      (a)     is not to be carried into effect; or

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      (b)     is to be carried into effect only to the extent specified in the notice,

pending the determination of the appeal.

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    (8)   A notice under subsection (7) has effect for the period specified in the notice.

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    (9)   A Panel may impose conditions in the notice under subsection (7).

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    (10)   A notice under subsection (7) is not in force for the period during which a condition is not complied with.

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    (11)   A notice remains in force until it is revoked by the Panel or the appeal to which it relates is dismissed, determined or withdrawn, whichever happens first.

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    (12)   A Panel may, subject to this Act and the Rules of Racing, determine its own procedure.

(Inserted by Act 18 of 2018)