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12 1950

TRANSPORT ACT, 1950

SIXTH SCHEDULE.

Provisions Relating to the Transport Tribunal.

Section 54 .

1. In this Schedule the expression “the Tribunal” means the Transport Tribunal.

2. (1) The Tribunal shall consist of such number of members (not being less than three nor more than five members) as the Government may from time to time determine.

(2) The members of the Tribunal shall be appointed from time to time by the Government.

(3) The chairman of the Tribunal shall be such one of the members as the Government may, at the time of his appointment or subsequently, nominate as chairman.

3. (1) Every person appointed a member of the Tribunal shall, unless he sooner dies, is removed from office, resigns or becomes disqualified, hold office for such period (not exceeding five years) as shall be fixed by the Government when appointing him.

(2) A member of the Tribunal whose term of office expires by effluxion of time shall be eligible for re-appointment.

4. Every member of the Tribunal shall hold office upon such terms and conditions (including the payment out of moneys provided by the Oireachtas of remuneration and allowances for expenses) as shall be fixed by the Government at the time of his appointment.

5. Subsections (4), (5), (6) (except paragraph (c)) and (7) of section 7 of this Act shall apply to members of the Tribunal as those subsections apply to a member of the Board.

6. (1) At a sitting of the Tribunal—

(a) the chairman of the Tribunal shall, if present, be chairman of the sitting,

(b) if and so long as the chairman of the Tribunal is not present or if the office of chairman is vacant, the members who are present shall choose one of their number to be chairman of the sitting.

(2) Every question at a sitting of the Tribunal shall be determined by a majority of the members present and voting on the question and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.

(3) The quorum for a sitting of the Tribunal shall be—

(a) in case the Tribunal for the time being consists of three members and no more, two,

(b) in any other case, three.

(4) The proceedings of the Tribunal shall not be invalidated by any vacancy in their number.

7. (1) The Tribunal may for the purpose of the exercise of their functions do all or any of the following things:—

(a) summon witnesses to attend before them,

(b) examine on oath (which any member of the Tribunal is hereby authorised to administer) any witness attending before them,

(c) require any such witness to produce any document in his power or control which the Tribunal consider necessary.

(2) A witness before the Tribunal shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(3) If any person—

(a) on being duly summoned as a witness makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required by the Tribunal to be taken or to produce any document in his power or control legally required by the Tribunal to be produced by him, or to answer any question to which the Tribunal may legally require an answer,

such person shall be guilty of an offence under this paragraph and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

(4) Where a witness attends before the Tribunal as a witness in pursuance of a summons under subparagraph (1) of this paragraph, there shall, in respect of his attendance, be paid to him, out of moneys provided by the Oireachtas, expenses in accordance with a scale fixed from time to time by the Minister for Finance.

8. Subject to this Schedule, the Tribunal shall by rules or otherwise regulate their procedure.

9. The decision of the Tribunal on any matter before them shall be final.