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Health and Safety Appeal Tribunal - appointment of members

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STATES OF JERSEY

HEALTH AND SAFETY APPEAL TRIBUNAL: APPOINTMENT OF MEMBERS

Lodged au Greffe on 7th April 2008 by the Minister for Social Security

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to a p point the under mentioned 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 2008.

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

M r . P h il ip W illiam Syvret, LL.B (Lond), Solicitor, Deputy Chairman D r . G w y n L lewellin, M.B., B.S., M.R.C.S., L.R.C.P., M.R.C.G.P.

MINISTER FOR SOCIAL SECURITY

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 Minister in respect of licence provisions in accordance with Regulation 9(2)(e) of the Law.

The proposition asks the States whether they are of the opinion to reappoint Advocate Charles Malcolm Belford Thacker as Chairman, Mr.  Philip William Syvret as Deputy Chairman, and Dr. Gwyn Llewellin as a member of the Health and Safety Appeal Tribunal for a 3  year term of office, commencing on 1st May 2008. The term of office of the fourth member of the Tribunal, Mr.  Timothy Paul Darwin, does not expire until 31st March 2009.

Advocate Thacker is an Advocate of the Royal Court. He works in the legal practice of Vibert s. He has served in the position of Chairman of the Health and Safety Appeal Tribunal since 1st May 2005.

Mr.  Syvret is a Solicitor of the Royal Court. He works in the legal practice of Benest  & Syvret. He has served in the position of Deputy Chairman of the Health and Safety Appeal Tribunal since 1st May 2005.

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. He has served as a member of the Health and Safety Appeal Tribunal since 1st May 2005.

The Minister is grateful to individuals who voluntarily offer their services to support this essential function. This proposition has no implications for the financial or manpower resources of the States.