CAP. 065, TRADE LICENSING ACT - SUBSIDIARY LAW BELIZE

TRADE LICENSING ACT CHAPTER 66

REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003

This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.

ARRANGEMENT OF SUBSIDIARY LAWS

BELIZE

TRADE LICENSING ACT CHAPTER 66

REVISED EDITION 2003 SHOWING THE SUBSIDIARY LAWS AS AT 31ST OCTOBER, 2003

This is a revised edition of the Subsidiary Laws, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Substantive Laws of Belize, Revised Edition 2000.

This edition contains a consolidation of the following laws- Page

TRADE LICENSING (HEARING OF APPEALS) 3 (CONSOLIDATION) RULES

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,



3Trade Licensing

CHAPTER 66

TRADE LICENSING (HEARING OF APPEALS) (CONSOLIDATION) RULES

ARRANGEMENT OF RULES

1. Short title.

2. Interpretation.

3. Notice to be given.

4. Entry of notice.

5. Deposit.

6. Date to be fixed.

7. Hearing of appeal.

8. Representation.

9. Amendment of notice.

10. Failure to prosecute appeal.

11. Failure of Board to appear.

12. Order and reasons.

13. Copy of order.

14. Fees and costs. _______

FIRST SCHEDULE SECOND SCHEDULE

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CAP. 66

THE SUBSIDIARY LAWS OF BELIZE REVISED EDITION 2003 Printed by the Government Printer,



Trade Licensing

CHAPTER 66

TRADE LICENSING (HEARING OF APPEALS) (CONSOLIDATION) RULES

(Section 22)

[23rd April, 1977.]

1. (a) These Rules maybe cited as the

TRADE LICENSING (HEARING OF APPEALS) (CONSOLIDATION) RULES.

(b) These Rules shall apply to appeals to Magistrates of the judicial Districts mentioned in the Second Schedule.

2. In these Rules-

“Board” means the Trade Licensing Board against the assessment of which the appeal is made under the provisions of the Trade Licensing Act;

“Clerk” means the Clerk of the Magistrates’ Court;

“magistrate” means the magistrate to whom an appeal is made under section 18 of the Act.

3. An appellant shall within seven days of his giving the notice required by section 18 (1) of the Act serve upon the Board and the magistrate a written notice of the grounds of appeal:

Provided that where any notice of appeal has been given as aforesaid before the coming into force of these Rules the notice of the grounds of appeal shall be served upon the Board and the magistrate within seven days of the

30 of 1977. 31 of 1977. 32 of 1977. 33 of 1977. 34 of 1977. 35 of 1977 Ch. 53.

Short title.

Second Schedule.

Interpretation.

Notice to be given.

CAP. 66.

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5Trade Licensing

date on which these Rules are published in the Gazette.

4. Immediately on receiving the notice of appeal or a notice of the grounds of appeal the Clerk shall make an entry of the fact and the time of receipt in a record book to be kept for that purpose available to inspection by the magistrate or either party to an appeal or his attorney-at-law.

5. (1) The appellant shall when he serves the notice of the grounds of appeal upon the magistrate, deposit with the Clerk the sum of five dollars as security for the due prosecution of the appeal and if the appellant fails to make the deposit the notice of the grounds of appeal shall be of no effect.

(2) If the appellant duly prosecutes his appeal, he shall be entitled to a refund of the sum of five dollars aforesaid whatever be the result of the appeal but otherwise it shall be forfeited as a court fee.

6. The magistrate shall fix the appeal for hearing not earlier than fourteen days after the date on which the notice of the grounds of appeal was served upon the magistrate and shall give notice of the hearing to the appellant and to the Board.

7. The hearing shall be in open court. The magistrate may if he thinks fit from time to time adjourn the hearing on an appeal.

8. At the hearing of an appeal either party may be represented by an attorney-at-law.

9. The hearing shall be confined to the matters raised in the written notice of the grounds of appeal, but the magistrate may for reasons to be stated by him permit the notice of the grounds of appeal to be amended before the hearing.

10. If the appellant fails to appear at the hearing or neglects to prosecute his appeal, the magistrate may by order dismiss the appeal.

Entry of notice.

Deposit.

Date to be fixed.

Hearing of appeal.

Representation.

Amendment of notice.

Failure to prosecute appeal.

CAP. 66

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Trade Licensing

If within seven days after the date on which an order under this rule was made the appellant appears and explains his default, the magistrate may at his discretion, and with notice to the Board, set aside his order and proceed with the hearing of the appeal from the stage at which he made that order.

11. (1) If the Board fails to appear at the hearing of the appeal and the magistrate is satisfied that a copy of the notice of appeal, a copy of the notice of the grounds of appeal and the notice of the hearing were duly served on the Board, he may proceed to hear and determine the appeal in the absence of the Board or may adjourn the hearing.

(2) Where the appeal is decided in favour of the appellant in the absence of the Board, the magistrate may, on the application of the Board made within seven days of the making of that order, set aside the order and fix the appeal for further hearing.

12. At the conclusion of the hearing or within one month of the conclusion of such hearing the magistrate shall make an order dismissing the appeal or allowing the appeal, and may while allowing an appeal make any incidental orders which he deems necessary. He shall give the reasons for his order.

13. A copy of an order made under Rule 12 shall be supplied to the appellant duly certified by the Clerk of the Court upon payment of the prescribed fee.

14. The fees to be received and the costs to be allowed in all appeals under these Rules shall be those set out in the First Schedule to these Rules:

Provided that the magistrate may fix and allow a reasonable fee in respect of any matter omitted from the said Schedule.

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Failure of Board to appear.

Order and reasons.

Copy of order.

Fees and costs.

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FIRST SCHEDULE [Rule 14]

SCALE OF FEES AND COSTS

Payable to the Clerk $ ¢

1. Filing notice of appeal 1.00 2. Filing notice of grounds of appeal 1.00 3. Entering appeal for hearing 1.00 4. Order on appeal including reasons 3.00 5. Additional Copy of Order on appeal including reasons 1.50 6. Certificate of Costs 1.00

Payable to Attorney-at-law

7. Drawing of notice of appeal 2.00 8. Drawing of notice of grounds of appeal 5.00 9. Appearance at hearing of the appeal $20.00-50.00

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SECOND SCHEDULE [Rule 1]

Belize Judicial District Orange Walk Judicial District

Corozal Judicial District Cayo Judicial District

Stann Creek Judicial District Toledo Judicial District

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