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Health and Safety Appeal Tribunal: appointment of Members

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STATES OF JERSEY

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HEALTH AND SAFETY APPEAL TRIBUNAL: APPOINTMENT OF MEMBERS

Lodged au Greffe on 15th March 2005

by the Employment and Social Security Committee

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to a p point the undermentioned as members of the Health and Safety Appeal Tribunal, in pursuance of

Article  17 of the Health and Safety at Work (Jersey) Law 1989, and the Health and Safety at Work (Appeal Tribunal) (Jersey) Regulations 1989, for a period of 3 years commencing 1st May 2005

A d v o c a te C h arles Malcolm Bedford Thacker, M.A., Chairman,

M r . P h i li p W  illiam Syvret, LL.B (Lond), Solicitor, Deputy Chairman, D r . G w  y n L l ewellin, M.B., B.S., M.R.C.S., L.R.C.P., M.R.C.G.P.

EMPLOYMENT AND SOCIAL SECURITY COMMITTEE

REPORT

Regulation 2 of the Health and Safety Appeal Tribunal (Jersey) Regulations 1989 provides for the establishment of a tribunal, to be known as the Health and Safety Appeal Tribunal. The Tribunal consists of a Chairman and Deputy Chairman (who must be advocates or solicitors of not less than 7 years' standing) and 2 other members, appointed by the States.

The role of the Health and Safety Appeal Tribunal is to determine appeals made against administrative sanctions, termed notices, served under Article 13 and Article 14 of the Health and Safety at Work (Jersey) Law 1989, and to determine appeals made against decisions taken by the Committee in respect of licence provisions in accordance with Article 9(2)(e) of the Law.

The proposition asks the States whether they are of the opinion to reappoint one  existing member, Advocate Charles Malcolm Bedford Thacker, as Chairman and to appoint 2 new members, Mr.  Philip  William  Syvret a Deputy Chairman and  Dr.  Gwyn  Llewellin, as members of the Health and Safety Appeal Tribunal for a -3year term of office, commencing on 1st May 2005.

Advocate Thacker has served in the position of Deputy Chairman on the Health and Safety Appeal Tribunal since its inception in 1989.

Mr.  Syvret is a Solicitor of the Royal Court of 10  year'scall. He works in general practice and is a member of the Association of Personal Injury Lawyers.

Dr.  Llewellin, who qualified in 1965, was in General Medical Practice in Jersey from 1976 until his appointment as Senior Clinical Medical Officer for the States of Jersey Public Health Department in 1988, a post which he held until his retirement in 2002.

This proposition has no implications for the financial or manpower resources of the States.