C2

CAP. 358] Water Pollution Control (Appeal Board) Regulations

[1985 Ed.

[Subsidiary]

Proceedings generally in public.

Representation.

Grounds of appeal.

Abandonment of grounds of appeal.

6. Proceedings before a Board shall be held in public unless the appellant or a witness requests otherwise in respect of the whole or any part of the proceedings and the Board accedes to the request.

7. The appellant and the respondent may be represented at the hearing of an appeal by a barrister or a solicitor.

8. The grounds of appeal shall be limited to those set out in the notice of appeal unless the Board grants leave for the grounds of appeal to be amended.

9.

(1) The appellant may abandon all or any of his grounds of appeal before or during the hearing of his appeal.

(2) Where the appellant abandons any ground of appeal under paragraph (1) before the hearing of his appeal he shall give notice in writing of such abandonment and in the manner prescribed in Part VII of the Water Pollution Control (General) Regulations 1985 to the Chairman and to the respondent.

Failure of appellant to attend hearing.

Record of proceedings.

10. (1) If on the day fixed for the hearing of an appeal the appellant fails to attend the hearing either in person or by a barrister or solicitor, the Board may-

(a) if satisfied that the appellant's failure to attend was due to sickness or other reasonable cause, postpone or adjourn the hearing for such period as it thinks fit;

(b) proceed to hear the appeal; or

(c) dismiss the appeal without a hearing.

(2) Where an appeal is dismissed by the Board under paragraph (1)(c) the appellant may, within 30 days after the making of the order for dismissal, by notice in writing addressed to the Chairman, apply to the Board to review its order and the Board may, if satisfied that the appellant's failure to attend the hearing was due to sickness or any other reasonable cause, set aside the order for dismissal and set a date for the hearing of the appeal.

11. The Chairman shall take or cause to be taken in writing a full minute, so far as circumstances permit, of the following matters in respect of every appeal heard by an Appeal Board-

(a) the nature of the grounds of the appeal;

(b) the names of the appellant, the respondent and the respective witnesses on either side;

(c) the evidence of the witnesses; and

(d) the decision of the Board.

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