Jamaica National Heritage Trust Act

Link to law: http://www.moj.gov.jm/laws/jamaica-national-heritage-trust-act-0

JAMAICA NATIONAL HERITAGE TRUST

THE JAMAICA NATIONAL HERITAGE TRUST A m

REGULATIONS
(under section 28)

THE JMCA NATIONAL HERITAGE TRUST (PUBLIC INQUIRY)
REGULATIONS, 1 990

(Mode by the Minister on the 12th day of September, 1990) L.N. 46'180

1. These Regulations may be cited as the Jamaica National Heritage citation.
Trust (Public Inquiry) Regulations. 1990.

2. In these Regulations--

"objector" means a person who pursuant to paragraph (1) (d)
of the First Schedule to the Act has made an objection t~
the proposed declaration d a national monument;

"Tribunal" means such person or persons appointed by the Trust
pursuant to regulation 3.

3.-41) Whae. pursuant to paragraph 2 of the First Schedule b ~;xF.D~
the Act, the Trust directs that a public inquiry be held with respect
to the proposed declaration of a national monument, the Trust &all
appoint a Tribunal consisting of one or more persons to hold bhe
inguiry.

(2) Where the Tribunal consists of more ban one person-
(a) the Trust shall appoint one of such persons to be chairman

of the Tribunal; and

(b) the decisions of the Tribunal &all be by a majoriQ of votes
of the members, and in addition to an original vote, the
Chairman &a;U have a casting vote in any case in which the
voting is equally divided.

4. The Tribunal may exclude from the inquiry any parti& person Pnrerwtion
for the preservation of order, for the due conduct of the inquiry. Of-.
aa for any 0 t h ~ ~ reason.

rZhe inclusion of thir m e k aWhorizcd by L.N. 70/1992]

JAMAICA NATIONAL HERITAGE TRUST

5.41) Tht Trust shall send to an objector a written notice informing
him of-

the time and place of the inquiry;
his right to be represented at the inquiry;
the fact that if he fails to attend at the inquiry either per-
sonally or by a representative, and the Tribunal is satisfied
that the notice has been properly served, the Tribunail may,
in its discretion, proceed to hear and determine the inquiry
in his absence.

(2) A notice under paragraph (1) may be served on an objector-
(a) by personal delivery at least fourteen clear days before

date of the inquiry; or
(b) by sending it by registered post to his last known address

at bast twenty-one days before the date of the inquiry.

6. Subject to the provisions of these Regulations, the Tribunad shall
regulate its own prowding.

7.-41) The Tribunal shall have power to summon any person to
attend at the inquiry and to give evidence or to produce any paper.
book. record or document in the possession or under the contrd of
swh person.

(2) A summons under this regulation shall be in the form pre-
scribed in the Schedule and may be served either personally or by
registered post.

(3) The Tribunal s h d have power to administer oaths to or
take the m a t i o n of any witness appearing before the Tribunal.

8 .41) Any person summoned to attend and give evidence or to
produce any paper. book. reoord or document before the Tribunal
shall-

(a) be bound to obey the summons served upon him;

(6) be entltled, in respect of such evidence or the disclosure of
my communication or the produotion of any such paper.
book. mrd or document, to the same right or privilege
as he would have before a court;

(c) be entitled 60 be paid, from public funds, his expenses, in-
cluding travelling expenses. at the rates prescribed by the
Witnesses Expenses Act for the witnesses who are entitled

me inclmion of thh page is authorized by L.N. 70119921

JAMAICA NATIONAL HERITAGE TRUST

to have their expenses paid from public funds:

Provided that the Tribunal may disallow the whole or any
part of such expenses in any case if it thinks fit.

(2) Any person who-

(a) without sufficient cause, fails or refuses to attend at the
inquiry in obedience to a summons under these Regulations,
or fails or refuses to produce any paper, book, record or
document which he was required by rhat summons to pro-
duce;

(b) being a witness, leaves the inquiry without the permission
of the Tribunal;

(c) being a witness, refuses. without sufficient cause, to answer
any question put to him by or with the permission of the
Tribunal; or

(d) wiQfully obstructs cxr interrupts the proceedings of the Tribu-
nal,

shall1 be guilty of an ofience and shall be liable on summary convic-
tion before a Resident Magistrate to a fine not exceeding four hundred
dollars.

9.-31) There shall be paid to the members of the Tribunal such z?:k?
remuneration, whether by way of honorarium, salary or fees, and such :?:::&.
allowances as the Ministex may determine.

(2) No action, suit or other proceedings shall be brought or
instituted personally against any member d the Tribunal in respect of
any act done bona fide in the execution or intended exccutbn of the
Tribunal's functions.

10. At the inquiry the Trust and any objector shall each be entitled- Rlshuof
(a) to be heard; DUW.
(b) to submit written representations, call witnesses and cross-

examine witnesses;
(c) to produce documents in support of their respective positions;

and
(6) to ask the Tribunal to order prcduction uf such documents

in the possession of an opposing party as are relevant to the
inquiry.

[The inclusion of this page is authorized by L.N. 70119921

6 fAMAlCA NATIONAL HERITAGE TRUST

Record 11.-(1) The Tribunal shall make or cause to be made notes of the
keeping and
~ t l . proceedings of the inquiry and shall record in writing its findings with

respect thereto.
(2) Upon conclusion of the inquiry the Tribunal m y make such

order in respect of costs as it W s just.

SCHEDULE (Regulation 7)
SUMMONS TO WITNESS

TO: (Name, address, etc.)

You are hereby summoned to appear at (place)
upon the day , 19 . at
o'clock before a Tribunall constituted t ~ , hold a puWc inquiry into
the proposal to declare (state nature and location sf structure) to be
a national monument and to give evidence respecting the proposal.
(If the pemn mnmoned is to produce any documents, add) :
And you are required to bring with you ( s p d y documents required)
Therefore fail not at y w r peril.

Given under the hand d

Sole Inquirer /Chairman this day of ,199 ,

p h e inclusion of this page is authorized by L.N. 70/19921
Read Entire Law on www.moj.gov.jm