1985 Ed.]
Buildings
(CAP. 123
44. (1) Subject to section 47, any person prejudiced in the manner set out in section 43(1) may institute an appeal and such appeal shall be determined by the tribunal by a majority vote in the manner provided in the First Schedule (Amended 44 of 1959, s. 24 and 40 of 1965, s. 8)
Provided that no appeal shall lie where the same would involve interference with building works already commenced at the time of lodging such appeal.
(2) For the purposes of such determination the tribunal shall have all such powers as are vested in the High Court in respect of...
(a) enforcing the attendance of witnesses and examining them upon oath or otherwise;
(b) compelling the production of documents;
(c) ordering an inspection of premises; and
(d) entering upon and viewing premises.
45. Where the Building Authority is given notice of appeal in the manner prescribed in the First Schedule he shall not carry out nor permit the carrying out of the decision to which such appeal relates until such appeal has been determined:
Provided that this section shall not apply where after receipt of the notice of appeal the Building Authority by a counter-notice in writing served on the person appealing certifies that an emergency requires the doing of the acts or other things specified in the counter-notice.
46. (1) The determination of the tribunal shall be final and not liable to be set aside for irregularity or error in matter of form, except where the Building Authority certifies in writing that in his opinion such determination involves a matter of Government policy and gives notice to the Chief Secretary and the parties concerned within 14 days of such determination.
(2) Where a notice has been received by the Chief Secretary under subsection (1) the Governor in Council may review the determination to which such notice relates and for that purpose may call for the record of proceedings before the tribunal and for the written representations of such parties as he may require.
(3) Upon the review of such determination the Governor in Council may confirm or set aside the same, and may give such direction to the Building Authority as he may see fit. The decision of the Governor in Council shall be final.
(4) Where a notice has been given under subsection (1), no building works may be carried out in respect of the building which is the subject matter of the determination of the tribunal, until the Governor in Council has-
57
Tribunal to hear appeals.
First Schedule
41/1-58
Stay of exercise of powers.
Governor in Council may review.
1
1985 Ed.]
Buildings
(CAP. 123
44. (1) Subject to section 47, any person prejudiced in the manner set out in section 43(1) may institute an appeal and such appeal shall be determined by the tribunal by a majority vote in the- manner provided in the First Schedule (Amended, 44 of 1959, s. 24 and 40 of 1965, s. 8}
Provided that no appeal shall lie where the same would involve interference with building works already commenced at the time of lodging such appeal.
A
(2) For the purposes of such determination the tribunal shall have all such powers as are vested in the High Court in respect of...
(a) enforcing the attendance of witnesses and examining them
upon oath or otherwise:
(b) compelling the production of documents:
(c) ordering an inspection of premises; and
(d) entering upon and viewing premises.
45. Where the Building Authority is given notice of appeal in the manner prescribed in the First Schedule he shall not carry out nor permit the carrying out of the decision to which such appeal relates until such appeal has been determined:
Provided that this section shall not apply where after receipt of the notice of appeal the Building Authority by a counter-notice in writing served on the person appealing certifies that an emergency requires the doing of the acts or other things specified in the counter-notice.
46. (1) The determination of the tribunal shall be final and not liable to be set aside for irregularity or error in matter of form. except where the Building Authority certifies in writing that in his opinion such determination involves a matter of Government policy and gives notice to the Chief Secretary and the parties concerned within 14 days of such determination.
(2) Where a notice has been received by the Chief Secretary under subsection (1) the Governor in Council may review the determination to which such notice relates and for that purpose may call for the record of proceedings before the tribunal and for the written representations of such parties as he may require.
(3) Upon the review of such determination the Governor in Council may confirm or set aside the same, and may give such direction to the Building Authority as he may see fit. The decision of the Governor in Council shall be final.
(4) Where a notice has been given under subsection (1), no building works may be carried out in respect of the building which is the subject matter of the determination of the tribunal, until the Governor in Council has-
57
Tribunal to hear
appeals.
First Schedule
41/1-58
Stav of exercise of powers.
Governor in Council may
review,
1
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