Jamaica National Heritage (Public Inquiry) Regulations, 1990 (L.N. 46/90)

JAMAICA NATIONAL HERITAGE TRUST THE JAMAICA NATIONAL HERITAGE TRUST A m REGULATIONS (under section 28) THE JMCA NATIONAL HERITAGE TRUST (PUBLIC INQUIRY) REGULATIONS, 1 990 (Mode by the Minister on the 12th day of September, 1990) L.N. 46'180 1. These Regulations may be cited as the Jamaica National Heritage citation. Trust (Public Inquiry) Regulations. 1990. 2. In these Regulations "objector" means a person who pursuant to paragraph (1) (d) of the First Schedule to the Act has made an objection t~ the proposed declaration d a national monument; "Tribunal" means such person or persons appointed by the Trust pursuant to regulation 3. 3.-41) Whae. pursuant to paragraph 2 of the First Schedule b ~;xF.D~ the Act, the Trust directs that a public inquiry be held with respect to the proposed declaration of a national monument, the Trust &all appoint a Tribunal consisting of one or more persons to hold bhe inguiry. (2) Where the Tribunal consists of more ban one person (a) the Trust shall appoint one of such persons to be chairman of the Tribunal; and (b) the decisions of the Tribunal &all be by a majoriQ of votes of the members, and in addition to an original vote, the Chairman &a;U have a casting vote in any case in which the voting is equally divided. 4. The Tribunal may exclude from the inquiry any parti& person Pnrerwtion for the preservation of order, for the due conduct of the inquiry. Of-. aa for any 0 t h ~ ~ reason. rZhe inclusion of thir m e k aWhorizcd by L.N. 70/1992] JAMAICA NATIONAL HERITAGE TRUST 5.41) Tht Trust shall send to an objector a written notice informing him of the time and place of the inquiry; his right to be represented at the inquiry; the fact that if he fails to attend at the inquiry either per sonally or by a representative, and the Tribunal is satisfied that the notice has been properly served, the Tribunail may, in its discretion, proceed to hear and determine the inquiry in his absence. (2) A notice under paragraph (1) may be served on an objector (a) by personal delivery at least fourteen clear days before date of the inquiry; or (b) by sending it by registered post to his last known address at bast twenty-one days before the date of the inquiry. 6. Subject to the provisions of these Regulations, the Tribunad shall regulate its own prowding. 7.-41) The Tribunal shall have power to summon any person to attend at the inquiry and to give evidence or to produce any paper. book. record or document in the possession or under the contrd of swh person. (2) A summons under this regulation shall be in the form pre scribed in the Schedule and may be served either personally or by registered post. (3) The Tribunal s h d have power to administer oaths to or take the m a t i o n of any witness appearing before the Tribunal. 8 .41) Any person summoned to attend and give evidence or to produce any paper. book. reoord or document before the Tribunal shall (a) be bound to obey the summons served upon him; (6) be entltled, in respect of such evidence or the disclosure of my communication or the produotion of any such paper. book. mrd or document, to the same right or privilege as he would have before a court; (c) be entitled 60 be paid, from public funds, his expenses, in cluding travelling expenses. at the rates prescribed by the Witnesses Expenses Act for the witnesses who are entitled me inclmion of thh page is authorized by L.N. 70119921 JAMAICA NATIONAL HERITAGE TRUST to have their expenses paid from public funds: Provided that the Tribunal may disallow the whole or any part of such expenses in any case if it thinks fit. (2) Any person who (a) without sufficient cause, fails or refuses to attend at the inquiry in obedience to a summons under these Regulations, or fails or refuses to produce any paper, book, record or document which he was required by rhat summons to pro duce; (b) being a witness, leaves the inquiry without the permission of the Tribunal; (c) being a witness, refuses. without sufficient cause, to answer any question put to him by or with the permission of the Tribunal; or (d) wiQfully obstructs cxr interrupts the proceedings of the Tribu nal, shall1 be guilty of an ofience and shall be liable on summary convic tion before a Resident Magistrate to a fine not exceeding four hundred dollars. 9.-31) There shall be paid to the members of the Tribunal such z?:k? remuneration, whether by way of honorarium, salary or fees, and such :?:::&. allowances as the Ministex may determine. (2) No action, suit or other proceedings shall be brought or instituted personally against any member d the Tribunal in respect of any act done bona fide in the execution or intended exccutbn of the Tribunal's functions. 10. At the inquiry the Trust and any objector shall each be entitled- Rlshuof (a) to be heard; DUW. (b) to submit written representations, call witnesses and cross examine witnesses; (c) to produce documents in support of their respective positions; and (6) to ask the Tribunal to order prcduction uf such documents in the possession of an opposing party as are relevant to the inquiry. [The inclusion of this page is authorized by L.N. 70119921 6 fAMAlCA NATIONAL HERITAGE TRUST Record 11.-(1) The Tribunal shall make or cause to be made notes of the keeping and ~ t l . proceedings of the inquiry and shall record in writing its findings with respect thereto. (2) Upon conclusion of the inquiry the Tribunal m y make such order in respect of costs as it W s just. SCHEDULE (Regulation 7) SUMMONS TO WITNESS TO: (Name, address, etc.) You are hereby summoned to appear at (place) upon the day , 19 . at o'clock before a Tribunall constituted t ~ , hold a puWc inquiry into the proposal to declare (state nature and location sf structure) to be a national monument and to give evidence respecting the proposal. (If the pemn mnmoned is to produce any documents, add) : And you are required to bring with you ( s p d y documents required) Therefore fail not at y w r peril. Given under the hand d Sole Inquirer /Chairman this day of ,199 , p h e inclusion of this page is authorized by L.N. 70/19921