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27 2004

Residential Tenancies Act 2004

Chapter 6

Appointment or engagement of certain persons

Mediators and adjudicators.

164. —(1) The Board may from time to time appoint such and so many persons who shall be known and are in this Act referred to as “mediators” to carry out the functions assigned to them by the Board in accordance with Part 6.

(2) The Board may from time to time appoint such and so many persons who shall be known and are in this Act referred to as “adjudicators” to carry out the functions assigned to them by the Board in accordance with Part 6.

(3) The Board may appoint a person as both a mediator and an adjudicator.

(4) The Board shall form 2 panels, one comprising the names of the persons who stand appointed as mediators and the other comprising the names of the persons who stand appointed as adjudicators.

(5) Mediators and adjudicators shall each be appointed for such period (not being less than 3 years) as the Board may determine and shall be paid such fees and expenses as the Board, with the consent of the Minister and of the Minister for Finance, may determine from time to time; the other terms and conditions on which each of them shall stand appointed shall be such as the Board may determine from time to time.

(6) Those other terms and conditions shall, in relation to adjudicators, include such terms and conditions as are likely, in the opinion of the Board, to secure the independence and impartiality of the adjudicators.

(7) A mediator or adjudicator may at any time resign from his or her appointment as mediator or adjudicator.

(8) Neither the Civil Service Commissioners Act 1956 (or any enactment that replaces in whole or in part that Act) nor the Civil Service Regulation Acts 1956 to 1996 shall apply to a mediator or an adjudicator.

Removal of an adjudicator from the panel.

165. —(1) The Board may, in accordance with this section, remove an adjudicator from the panel formed under section 164 (4) (“the panel”).

(2) If it appears to the Board that an adjudicator has been guilty of misconduct in his or her capacity as an adjudicator, it may apply to the District Court for an order under subsection (3) authorising the removal of the adjudicator from the panel.

(3) On the hearing of an application under this section and having considered the evidence adduced by the Board in the matter and any evidence adduced by or on behalf of the adjudicator, the District Court shall, if it finds that the adjudicator has been guilty of misconduct in his or her capacity as an adjudicator, make an order authorising the Board to remove the adjudicator from the panel.

(4) On the making of such an order (or, if the order is appealed to the Circuit Court and the Circuit Court confirms the order, on the order being so confirmed), the Board shall remove the adjudicator from the panel.

(5) Save where the period of his or her appointment has expired or a failure (not amounting to misconduct) by him or her to comply with the terms and conditions upon which he or she was appointed occurs, an adjudicator shall not be removed from the panel otherwise than in accordance with this section or with his or her consent.

(6) In this section “misconduct” means any conduct likely to bring the procedures for determinations by adjudicators under Part 6 into disrepute and includes—

(a) any demonstration by an adjudicator of bias towards the interests of a party before him or her,

(b) gross discourtesy by an adjudicator to one or more of the parties before him or her, and

(c) wilful failure by an adjudicator to attend to his or her duties as an adjudicator.

Consultants and advisers.

166. —(1) Subject to such conditions (if any) as may for the time being stand specified by the Minister for the purposes of this section, the Board may from time to time engage such consultants or advisers as it may consider necessary for the performance of its functions and any fees due to a consultant or adviser engaged pursuant to this section shall be paid by the Board out of moneys at its disposal.

(2) Any person who wishes to be engaged by the Board as a consultant or adviser pursuant to this section may notify the Board in writing of this fact and any notification for that purpose shall include particulars of the person's qualifications and experience.

(3) The Board shall maintain a list of the persons who notify the Board pursuant to subsection (2).

(4) The Board shall, in engaging a consultant or adviser under this section, have regard to the list maintained under subsection (3), but nothing in this subsection shall be construed as precluding the Board from engaging as a consultant or adviser a person whose name is not on that list.

(5) The Board shall include in its annual report under section 180 a statement of the names of the persons (if any) engaged pursuant to this section during the year to which the report relates.

Provision of services to Board.

167. —(1) For the purposes of enabling the Board to perform its functions as and from the establishment day, the Minister may, for such period as he or she thinks appropriate, supply to the Board any services, including services of staff, required by the Board and the Board may avail itself of such services for which arrangements are made under this section.

(2) The supply of services of staff under subsection (1) may include the supply of services of a person to perform the functions of the Director under this Part and Part 6.

(3) For so long as the services of a person are provided for the purpose mentioned in subsection (2)

(a) the functions mentioned in that subsection shall be performable by that person, and

(b) sections 160(6) and 161 shall apply to that person.