39Appointment of panel

39 Appointment of panel

S. 39(1) amended by No. 32/2010 s. 24(1).

(1) The Minister may appoint a panel of persons to consider submissions made on an application under section 36(1).

S. 39(2) amended by No. 32/2010 s. 24(2).

(2) Subject to anything specified by the Minister when appointing the panel, a panel may regulate its own proceedings.

(3) If submissions on the application have not been invited by a notice given under section 38(2)(a), the panel must cause a notice to be published in a newspaper circulating generally in the area concerned inviting submissions on the application within the period specified in the notice.

S. 39(4) amended by No. 32/2010 s. 24(3).

(4) The Minister must make sure that any person that receives a copy of the application under section 36(3) is informed of—

(a) the appointment of a panel under subsection (1); and

(b) that person's right to make a submission on the application.

S. 39(5) substituted by No. 32/2010 s. 24(4).

(5) In considering the matter before it, a panel must have regard to—

(a) all submissions referred to it that were made in accordance with a notice under section 38(1)(a) in the manner and within the period specified in the notice; and

(b) all submissions made to the panel in the manner and within the period specified by the panel; and

(c) any further information provided to the Minister under section 38(2)(b)(i); and

(d) the results of any investigation carried out by the Minister under section 38(2)(b)(ii).

S. 39(5A) inserted by No. 32/2010 s. 24(4).

(5A) The panel must report its findings to the Minister within the period specified by the Minister.

(6) The panel may include in its report any recommendations that it thinks fit.

S. 39(7) amended by No. 32/2010 s. 24(5).

(7) A member of a panel is entitled to be paid any fees and allowances fixed by the Minister.

S. 40 amended by No. 5/2002 s. 13(2) (ILA s. 39B(1)).