§ 39 — Powers of Appeal Panel

39.—(1) An Appeal Panel has the powers, rights and privileges vested in a District Court on the hearing of an appeal, including —(a)

enforcing the attendance of witnesses and their examination on oath or otherwise;

(b)

compelling the production of documents; and

(c)

awarding any costs or expenses as may be prescribed.

(2) A summons signed by any member of the Appeal Panel authorised by the Appeal Panel for this purpose, is to be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(3) A witness before an Appeal Panel is entitled to the same immunities and privileges as if the witness were a witness before a District Court.

(4) Every member of the Appeal Panel, when and so long as the member acts as such, enjoys the same judicial immunity as is enjoyed by a District Judge.

(5) No appeal or proceeding before an Appeal Panel and no act of the Appeal Panel is affected merely because at the relevant time —(a)

there was a vacancy in the membership of the Appeal Panel, including a vacancy arising from a failure to appoint a member;

(b)

there was some defect or irregularity existing in the appointment or continuance in office of an individual purporting to be a member of the Appeal Panel; or

(c)

there was an irregularity in the Appeal Panel’s procedure that does not affect the merits of the determination made.

—(1) An Appeal Panel has the powers, rights and privileges vested in a District Court on the hearing of an appeal, including —(a)

enforcing the attendance of witnesses and their examination on oath or otherwise;

(b)

compelling the production of documents; and

(c)

awarding any costs or expenses as may be prescribed.

(2) A summons signed by any member of the Appeal Panel authorised by the Appeal Panel for this purpose, is to be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(3) A witness before an Appeal Panel is entitled to the same immunities and privileges as if the witness were a witness before a District Court.

(4) Every member of the Appeal Panel, when and so long as the member acts as such, enjoys the same judicial immunity as is enjoyed by a District Judge.

(5) No appeal or proceeding before an Appeal Panel and no act of the Appeal Panel is affected merely because at the relevant time —(a)

there was a vacancy in the membership of the Appeal Panel, including a vacancy arising from a failure to appoint a member;

(b)

there was some defect or irregularity existing in the appointment or continuance in office of an individual purporting to be a member of the Appeal Panel; or

(c)

there was an irregularity in the Appeal Panel’s procedure that does not affect the merits of the determination made.