Revised Laws of Saint Lucia (2021)

PART 7
APPEALS

46.   Appeal Committee

  1.  

    (1)   Notwithstanding sections 21 and 22, there shall be an Appeal Committee appointed by the Governor General consisting of three persons as follows—

    1.  

      (a)     two persons with background in health, education, community development and social services; and

    1.  

      (b)     an attorney-at-law.

  1.  

    (2)   A person shall not be appointed to the Appeal Committee if he or she—

    1.  

      (a)     is a member of Parliament;

    1.  

      (b)     has at any time during one year preceding his or her appointment, been a public servant;

    1.  

      (c)     is, at the time of such appointment, declared by a court to be—

      1.  

        (i)     a bankrupt,

      1.  

        (ii)     mentally incapacitated by reason of unsoundness of mind;

    1.  

      (d)     has been convicted of an offence involving dishonesty or an offence under this Act; or

    1.  

      (e)     is a member, officer, trustee or director of a registered Non-Governmental Organization.

  1.  

    (3)   The Appeal Committee shall choose from among its members a Chairperson and a Vice-Chairperson.

  1.  

    (4)   The Chairperson shall supervise and direct the work of the Appeal Committee and preside at its meetings.

  1.  

    (5)   The Vice-Chairperson shall act if the Chairperson is absent, incapacitated or for any reason is unable to perform his or her duties.

  1.  

    (6)   Each member shall be appointed for a term of not more than 3 years but may be removed by the Governor General for cause.

  1.  

    (7)   The Governor General may appoint a person to be an alternate member for any member, other than the Chairperson and the alternate member may act temporarily in the absence of that member.

  1.  

    (8)   An alternate member shall hold office only for the unexpired portion of the term of the former member.

  1.  

    (9)   If a vacancy occurs in the membership, the Governor General shall appoint a person to fill the vacancy in accordance with subsection (1).

  1.  

    (10)   The Appeal Committee shall hear applications made under this Act appealing against decisions of the Council and may regulate its own procedure.

  1.  

    (11)   Subject to judicial review, the decision of the Appeal Committee shall be final and binding.

  1.  

    (12)   In this section—

Chairperson” means the Chairperson of the Appeal Committee;

member” means a member of the Appeal Committee;

Vice-Chairperson” means the Vice-Chairperson of the Appeal Committee.