Request to establish Appeal Panel
83.—(1) This section applies to —(a)
a gas licensee who wishes to appeal against a decision of the Authority to modify any condition of its gas licence under section 16; and
(b)
any person who is aggrieved by a direction or decision of the Authority under Part 9.
(2) A person to whom this section applies may, within 14 days —(a)
of the receipt of a direction under section 16 to modify any condition of a gas licence; or
(b)
of the receipt of a notification by the Authority of a direction or decision under Part 9,
notify the Minister that the person wishes to make an appeal, providing adequate details of the grounds for the appeal and requesting the Minister to establish an Appeal Panel to consider and determine the appeal.
[43/2018]
(3) When requested to establish an Appeal Panel, the Minister must, upon consultation with the Authority, unless the request is in the Minister’s opinion of a frivolous, trivial or vexatious nature, establish an Appeal Panel within 30 days after the request to consider and determine the appeal in question.[43/2018]
Composition and procedure of Appeal Panel
84.—(1) An Appeal Panel established by the Minister must consist of at least 3 persons, one of whom is to be appointed by the Minister to be the chairperson of the Appeal Panel.[24/2007; 43/2018]
(2) The Minister may, in establishing the Appeal Panel, provide for —(a)
the terms and conditions of the membership of the Appeal Panel as the Minister considers appropriate;
(b)
the procedure to be adopted by the Appeal Panel in considering any matter referred to it; and
(c)
any other matters which the Minister considers incidental or expedient for the proper and efficient conduct of an appeal by the Appeal Panel.[24/2007; 43/2018]
(3) The remuneration and allowances (if any) of a member of an Appeal Panel are to be determined by the Minister and —(a)
subject to paragraph (b), form part of the expenses of the Authority; and
(b)
where the Appeal Panel is established for the purposes of section 38B, must be borne equally by the person concerned and G, or in any other proportion between the person concerned and G that the Appeal Panel may specify.[Act 27 of 2024 wef 01/07/2025]
(4) An Appeal Panel must be independent in the performance of its functions.
Powers of Appeal Panel
85.—(1) An Appeal Panel must —(a)
by notice to the Authority and the appellant; or
(b)
where the Appeal Panel is established for the purposes of section 38B, by notice to the person concerned and G,
specify the date on and the place at which the appeal is to be heard.
[Act 27 of 2024 wef 01/07/2025]
(2) An Appeal Panel has all the powers and duties of the Authority that are necessary to carry out its functions and duties under this Act.
(3) An Appeal Panel has the powers, rights and privileges vested in a District Court on the hearing of an action, including —(a)
the enforcement of the attendance of witnesses and their examination on oath or otherwise;
(b)
the compelling of the production of documents; and
(c)
the award of costs and expenses of and incidental to any proceedings before the Appeal Panel.[24/2007]
(4) A summons signed by any member of the Appeal Panel as may be authorised by the Appeal Panel is equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.
(5) Where any person being duly summoned to attend before an Appeal Panel does not so attend, that person shall be guilty of an offence.
(6) A witness before an Appeal Panel is entitled to the same immunities and privileges as if he or she were a witness before a District Court.
(7) All appeals under this section are to be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.
(8) In the case of a modification of any condition of a gas licence, the Appeal Panel may either confirm the modification or direct the Authority not to make the modification, and the decision of the Appeal Panel is final.
(9) In the case of a direction or decision of the Authority under Part 9, the Appeal Panel may either confirm, vary or reverse the direction or decision of the Authority or direct the Authority to reconsider the direction or decision, and the Appeal Panel’s decision is final.
(10) An Appeal Panel established by the Minister to consider and determine an appeal under section 93(3) may determine the appeal by —(a)
confirming, varying or reversing any decision or direction of the Authority; or
(b)
directing the Authority to reconsider its decision or direction,
and the decision of the Appeal Panel is final.
[24/2007]
(11) The Appeal Panel must notify the appellant of its decision in respect of the appellant’s appeal and the reasons for its decision.
(12) Where an Appeal Panel is established for the purposes of section 38B, the Appeal Panel must notify the person and G of its decision in respect of the terms of the agreement required to be determined by it, and the reasons for its decision.[Act 27 of 2024 wef 01/07/2025]
