Utilities Appeal Tribunal Act


Published: 2009-09-01

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Utilities Appeal Tribunal
UTILITIES APPEAL TRIBUNAL [CH. 307 – 1





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

CHAPTER 307

UTILITIES APPEAL TRIBUNAL
LIST OF AUTHORISED PAGES

1 – 20 LRO 1/2010


ARRANGEMENT OF SECTIONS

SECTION

PART I - PRELIMINARY
1. Short title.
2. Interpretation.

PART II - THE UTILITIES APPEAL TRIBUNAL
3. Establishment of Tribunal.
4. Panels.
5. Jurisdiction of the Tribunal.
6. Judgement of the Tribunal.
7. Tribunal rules.
8. Powers of Tribunal.
9. Additional powers of Tribunal.
10. Order to pay costs.
11. Order may be made retroactive.
12. Power to make interim orders and to take interim measures.
13. Appeals from judgements of the Tribunal.
14. On whom award to be binding.
15. Initial funding.

SCHEDULE 1
QUALIFICATION OF MEMBERS
SCHEDULE 2
TRIBUNAL PROCEDURE
SCHEDULE 3
FUNDING OF THE TRIBUNAL






UTILITIES APPEAL TRIBUNAL [CH. 307 – 3





LRO 1/2010 STATUTE LAW OF THE BAHAMAS

CHAPTER 307

UTILITIES APPEAL TRIBUNAL


[Assent – 29th May, 2009]
[Commencement – 1stSeptember, 2009]

PART I - PRELIMINARY

1. This Act may be cited as the Utilities Appeal
Tribunal Act.

2. In this Act all terms have the meanings given to
them by the Interpretation and General Clauses Act unless
expressly defined —

“Minister” means the Minister responsible for
relations with Utilities Regulation Competition
Authority.

“regulated sector” means those sectors for which
Utilities Regulation Competition Authority has
specific responsibilities under any Act or any
laws, including but not limited to the
Communications Act;

“regulatory or other measures” means all possible
acts issued by the relevant body, by whatever
procedure including but not limited to
directions, decisions, adjudications, orders and
regulations;

“Tribunal” means the Utilities Appeal Tribunal
established under section 3;

“URCA” means the Utilities Regulation and
Competition Authority established under the
URCA Act;

“URCA Act” means the Utilities Regulation and
Competition Authority Act.

PART II - THE UTILITIES APPEAL TRIBUNAL

3. (1) There shall be established a Utilities Appeal
Tribunal. The Tribunal shall be an ad hoc tribunal and shall
exercise its functions, when required, by panels constituted
in accordance with section 4.

11 of 2009

S.I. 74/2009.

Short title.

Interpretation.
Ch. 2.

Ch. 304.

Ch. 306.

Establishment of
Tribunal.

[CH. 307 – 4 UTILITIES APPEAL TRIBUNAL





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(2) The Tribunal shall have an official seal which
shall be judicially noticed.

(3) The Tribunal shall consist of the President and its
other members.

(4) The Governor General acting on the advice of the
Judicial and Legal Service Commission shall appoint —

(a) the President of the Tribunal; and
(b) legal members of the Tribunal.

(5) The Governor General shall appoint ordinary
members of the Tribunal.

(6) A person may be appointed as the President or as
a legal member of the Tribunal only if that person satisfies
the eligibility criteria set out in paragraph 2 of Schedule 1.

(7) A person may be appointed as an ordinary
member of the Tribunal only if he appears to the Governor
General to have appropriate knowledge and experience of
matters falling within the jurisdiction of the Tribunal.

(8) The President shall appoint a Registrar who shall,
subject to overall supervision by the President, be
responsible for the administration of the Tribunal.

(9) The Registrar shall exercise the functions and
have the powers set out in Schedule 1.

(10) The Registrar shall serve for a term of four years
and shall be eligible for reappointment.

(11) The expenses of the Tribunal not met by sums
collected in accordance with section 10(2) and the salaries
and allowances of the President, Registrar and members of
the Tribunal shall be paid out of —

(a) sums levied and collected in accordance with the
provisions of Schedule 3; or

(b) if such sums are unavailable or are certified by
the Registrar to be insufficient to secure the
efficient performance by the Tribunal of its
functions and powers then such sums as
Parliament may from time to time appropriate for
that purpose.

(12) The provisions of Schedule 1 shall have effect as
to the Tribunal, its members and staff, and otherwise in
relation thereto.




Schedule 1.














Schedule 1.











Schedule 3.











Schedule 1.

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LRO 1/2010 STATUTE LAW OF THE BAHAMAS

4. (1) The functions of the Tribunal shall be
exercised by panels of the Tribunal.

(2) Panels of the Tribunal shall sit at such times and
in such places as the President may direct.

(3) More than one panel may sit at a time.
(4) The President shall make arrangements for

determining which members of the Tribunal are to
constitute a panel of the Tribunal in relation to the exercise
of any function.

(5) Those arrangements shall ensure that each panel
is constituted in one of the following ways —

(a) as the President sitting alone;
(b) as a legal member sitting alone;
(c) as the President sitting with two ordinary

members;
(d) as a legal member sitting with two ordinary

members;
(e) as the President sitting with one ordinary

member;
(f) as a legal member sitting with one ordinary

member.

(6) The President shall publish in the Gazette
arrangements made under this section.

5. (1) The Tribunal shall have exclusive jurisdiction
to hear and determine all appeals, matters and disputes
referred to it and shall have such original, appellate and
supervisory jurisdiction as may be conferred upon it by any
law relating to a sector regulated by URCA or by any other
law.

(2) The Tribunal may also act as arbitrator under a
reference by consent, under the terms of any agreement
which provides for referring any matter in relation to a
regulated sector to arbitration by the Tribunal. The
Tribunal shall publish in the Gazette arrangements made
under this section.

6. (1) Judgements of the Tribunal may be taken by
majority vote.

(2) In the case of a panel that includes the President,
the President shall have a casting vote.

Panels.

Jurisdiction of
the Tribunal.

Judgement of the
Tribunal.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(3) In the case of a panel presided over by a legal
member, the legal member appointed by the President shall
have a casting vote.

(4) Part I of Schedule 2 shall have effect.
7. (1) The President may, after consulting and

having due regard to the advice of such persons as he or
she considers appropriate, make rules (in this Part referred
to as “Tribunal rules”) with respect to proceedings before
the Tribunal.

(2) Tribunal rules may make provision with respect
to matters incidental to or consequential upon appeals
provided for by or under any law to the Court of Appeal.

(3) Tribunal rules may —
(a) confer functions on the President or the Registrar

in relation to proceedings before the Tribunal;
and

(b) contain incidental, supplemental, consequential or
transitional provisions.

(4) Without prejudice to the generality of subsection
(1) above, Part 2 of Schedule 2 shall have effect.

8. The Tribunal may in relation to any matter
before it —

(a) remit a dispute, subject to such conditions as the
Tribunal may determine, to the parties for further
consideration by them with a view to settling or
reducing the issues in dispute;

(b) when —
(i) deciding an appeal by applying the same

principles as would be applied by the
Supreme Court on an application for judicial
review; or

(ii) deciding an appeal by drawing any
inferences that are not inconsistent with the
findings of fact made by an authority and
that are necessary for determining a question
of law or jurisdiction,

quash or uphold the whole or part of the relevant
regulatory measure. Where it quashes the whole
or part of such regulatory measure, the Tribunal
may refer the matter back to the relevant
authority with a direction to reconsider and make

Schedule 2.

Tribunal rules.

Schedule 2.

Powers of
Tribunal.

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a new decision in accordance with the findings of
the Tribunal;

(c) except when deciding an appeal referred to in
paragraph (b), make an order or award (including
a provisional or interim order or award) relating
to any or all of the matters in dispute or give a
direction in pursuance of the hearing or
judgement;

(d) dismiss any matter or part of a matter or refrain
from further hearing or from determining the
matter, if it appears that the matter or part thereof
is trivial, or that further proceedings are
unnecessary or undesirable.

9. (1) In addition to the powers conferred on it under
the provisions of any other law the Tribunal may —

(a) proceed to hear and determine any question
arising in connection with a dispute in the
absence of any party who has been duly
summoned to appear before the Tribunal and has
failed to do so without reasonable justification;

(b) order any person —
(i) who in the opinion of the Tribunal may be

affected by an order or award; or
(ii) who in any other case the Tribunal considers

should be joined as a party,
to be joined as a party to the proceedings under

consideration on such terms and conditions as the
Tribunal may direct; or

(c) generally give all such directions and do all such
things as are necessary or expedient for the
expeditious and fair hearing and determination of
the dispute or any other matter before it, in
accordance with Tribunal rules.

(2) Without prejudice to the provisions of subsection
(1), where in any proceedings before the Tribunal, the
Tribunal makes an order or award for the payment of a sum
as compensation or damages, the Tribunal may in addition,
if it thinks fit, order that there shall be included in the sum
so ordered or awarded, interest at such rate as the Tribunal
thinks fit on the whole or any part of the compensation or
damages from the date of the order or award provided that

Additional
powers of
Tribunal.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

nothing in this subsection shall authorise the giving of
interest upon interest.

10. (1) The Tribunal may at its discretion at any stage
of the proceedings make any order it thinks fit in relation to
the payment of costs by one party to another in respect of
the whole or part of the proceedings and in determining
how much the party is required to pay, the Tribunal may
take into account the conduct of all parties in relation to the
proceedings.

(2) The power to award costs pursuant to subsection
(1) includes the power to direct any party to pay to the
Tribunal such sum as may be appropriate in reimbursement
of any costs incurred by the Tribunal in connection with
the summoning or citation of witnesses or the instruction of
experts on the Tribunal's behalf.

(3) Any sum due as a result of such a direction under
subsection (2) may be recovered by the Tribunal as a civil
debt due to the Tribunal and for that purpose the Tribunal
shall be entitled to issue a claim in the Supreme Court.

11. An order or award in any matter referred to the
Tribunal for determination may be made operative from
such date as the Tribunal may direct.

12. (1) The Tribunal may make an order on an interim
basis —

(a) suspending in whole or part the effect of any
decision which is the subject matter of
proceedings before it;

(b) varying the conditions or obligations attached to
any order;

(c) granting any remedy which the Tribunal would
have the power to grant in its final judgement.

(2) Without prejudice to the generality of the
foregoing, if the Tribunal considers that it is necessary as a
matter of urgency for the purpose of —

(a) preventing serious, irreparable damage to a
particular person or category of person; or

(b) protecting the public interest,

the Tribunal may give such directions as it considers
appropriate for that purpose.

Order to pay
costs.

Order may be
made retroactive.

Power to make
interim orders
and to take
interim
measures.

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(3) The Tribunal shall exercise its power under this
section taking into account all the relevant circumstances,
including —

(a) the urgency of the matter;
(b) the effect on the party making the request if the

relief sought is not granted; and
(c) the effect on competition if the relief is granted.

(4) Any order or direction under this section is
subject to the Tribunal's further order, direction or final
judgement.

13. (1) Subject to any provisions in any other law
determining otherwise including Article 28 of the
Constitution, any party to a matter before the Tribunal is
entitled as of right to appeal to the Court of Appeal on any
of the following grounds —

(a) that the Tribunal had no jurisdiction in the matter,
but it shall not be competent for the Court of
Appeal to entertain such ground of appeal, unless
objection to the jurisdiction of the Tribunal had
been formally taken at some time during the
progress of the matter before the making of the
order or award;

(b) that the Tribunal has exceeded its jurisdiction on
the matter;

(c) that the order or award has been obtained by
fraud;

(d) that any finding or judgement of the Tribunal in
any matter is erroneous in point of law;

(e) that some other specific illegality not mentioned
in paragraph (a) to (d) and substantially affecting
the merits of the matter has been committed in the
course of the proceedings.

(2) On the hearing of an appeal from the Tribunal in
any matter brought before it, the Court of Appeal shall
have power —

(a) to confirm, modify or reverse the order or award
appealed against;

(b) if the Court of Appeal confirms the order or
award appealed against, to order that there shall
be included in the sum which is the subject of the
appeal, interest at the rate of ten per centum on

Appeals from
judgements of
the Tribunal.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

the whole or any part of the sum, from the date of
the order or award appealed against;

(c) if it appears to the Court of Appeal that a new
hearing should be held, to set aside the order or
award appealed against and order that a new
hearing be held; or

(d) to order a new hearing on any question without
interfering with the finding or judgement upon
any other question,

and the Court of Appeal may make such final or other
order (other than an order as to costs) as the circumstances
of the matter may require.

(3) The Court of Appeal may in any matter brought
on appeal before it, dismiss the appeal if it considers that
no substantial miscarriage of justice has actually occurred
although it is of the opinion that any point raised in the
appeal might have been decided in favour of the appellant.

14. An order or award of the Tribunal shall be
binding on —

(a) all parties to the dispute who appear or are
represented before the Tribunal;

(b) all persons who have been summoned to appear
as parties to the dispute, whether they have
appeared or not.

15. (1) The President shall apply to the Minister for a
loan from the Government not exceeding five hundred
thousand dollars in order for the Tribunal to carry out its
functions and exercise its powers prior to funding
becoming available under section 3(11).

(2) Any loan made under subsection (1) shall be on
such terms as the Minister may specify and shall be repaid
by application of funds collected under section 3(11)
within three years.



On whom award
to be binding.

Initial funding.

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SCHEDULE 1

QUALIFICATION OF MEMBERS

1. Appointment, etc. of President and legal members.
(1) A person is not eligible for appointment as

President unless he or she is or has been a member of the
Bahamas Bar or of any country of the Commonwealth or is
or has been enrolled and has practised as a solicitor in any
country of the Commonwealth for a period of at least ten
years and he or she appears to the Judicial and Legal
Services Commission to have appropriate experience and
knowledge to enable him or her to discharge his or her
functions as a member of the Tribunal.

(2) A person is not eligible for appointment as a legal
member unless he or she is or has been a member of the
Bahamas Bar or of any country of the Commonwealth or is
or has been enrolled and has practised as a solicitor in any
country of the Commonwealth for a period of at least seven
years standing and he or she appears to the Judicial and
Legal Services Commission to have appropriate experience
and knowledge to enable him or her to discharge his or her
functions as a member of the Tribunal.

(3) The members appointed as President or as legal
members shall hold and vacate office in accordance with
their terms of appointment, subject to the following
provisions.

(4) A person may not be appointed as President or a
legal member for more than eight years (but this does not
prevent a temporary re-appointment for the purpose of
continuing to act as a member of the Tribunal as
constituted for the purposes of any proceedings instituted
before the end of his term of office).

(5) The President and the legal members may resign
their offices by notice in writing to the Judicial and Legal
Services Commission.

(6) The Governor General acting on the advice of the
Judicial and Legal Services Commission may remove a
person from office as President or legal member if satisfied
that the President or legal member is —

(a) unable; or
(b) unwilling; or

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(c) unfit (whether because of misbehaviour or
otherwise),

to perform his or her functions as a member of the
Tribunal.

(7) If the President is absent or otherwise unable to
act, the Governor General acting on the advice of the
Judicial and Legal Services Commission may appoint as
acting President any person qualified for appointment as a
legal member of the Tribunal.
2. Appointment, etc. of ordinary members.

(1) Ordinary members shall hold and vacate office in
accordance with their terms of appointment, subject to the
following provisions.

(2) A person may not be an ordinary member for
more than eight years (but this does not prevent a
temporary re-appointment for the purpose of continuing to
act as a member of the Tribunal as constituted for the
purposes of any proceedings instituted before the end of his
term of office).

(3) Ordinary members shall be persons with
experience, expertise or professional qualifications that the
Governor General considers relevant to exercising the
jurisdiction of the Tribunal and may include economists,
lawyers, surveyors, accountants or persons with substantial
and relevant experience in business or public service.

(4) An ordinary member may resign his office by
notice in writing to the President.

(5) The Governor General may remove a person from
office as an ordinary member if the Governor General is
satisfied that the member is —

(a) unable, or
(b) unwilling, or
(c) unfit (whether because of misbehaviour or

otherwise),

to perform his or her functions as a member of the
Tribunal.
3. Remuneration etc. for members.

The Registrar shall apply the Tribunal Fee to pay the
President, the legal members and the ordinary members

UTILITIES APPEAL TRIBUNAL [CH. 307 – 13





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such remuneration (whether by way of salaries or fees),
and such allowances, as the Minister may determine.
4. Staff, accommodation and property.

Any staff, office accommodation or equipment
required for the Tribunal shall be provided by the Registrar
applying the Tribunal Fee.
5. Functions and powers of the Registrar.

(1) The Registrar shall have custody of the seal and
records of the Tribunal and shall exercise such other
functions as are assigned to him under this Schedule or by
the President under a separate order.

(2) Subject to any order of the President the Registrar
shall have the following powers —

(a) to require any petition, appeal or other reference
to the Tribunal to be amended in accordance with
the rules, practice and procedure of the Tribunal
or to be re-presented after an amendment has
been made at the direction of the Registrar;

(b) to fix dates and make all other practical
arrangements, including the issuing of notices to
parties and witnesses, for sittings of the Tribunal
or any panel of the Tribunal;

(c) to arrange for publication of the proceedings and
judgements of the Tribunal;

(d) to direct any formal amendment of the record of
the Tribunal; and

(e) to order the provision of copies of documents to
parties and to grant leave to inspect the records of
the Tribunal.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

SCHEDULE 2

TRIBUNAL PROCEDURE

PART I - GENERAL
1. Judgements of the Tribunal.

(1) A judgement of the Tribunal in any proceedings
before it must —

(a) state the reasons for the judgement and whether it
was unanimous or taken by a majority;

(b) be recorded in a document signed and dated by
the chairman of the panel of the Tribunal dealing
with the proceedings.

(2) The President shall make such arrangements for
the publication of the judgements of the Tribunal as he
considers appropriate.
2 Enforcement of judgements.

(1) A judgement of the Tribunal which is registered
in The Bahamas in accordance with rules of court or any
practice direction for —

(a) payment of damages which are awarded by the
judgement;

(b) costs or expenses awarded by the judgement; and
(c) any direction given as a result of the judgement,

may be enforced by the Supreme Court as if the damages,
costs or expenses were an amount due in pursuance of a
judgement or order of the Supreme Court, or as if the
direction were an order of the Supreme Court.

(2) If a judgement of the Tribunal awards damages,
costs or expenses, or results in any direction being given,
the judgement may be recorded for execution in the
Supreme Court Registry and shall be enforceable
accordingly.

(3) Subject to rules of court or any practice direction,
a judgement of the Tribunal may be registered or recorded
for execution —

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(a) for the purpose of enforcing a direction given as a
result of the judgement, by the Tribunal or a
person who was a party to the proceedings;

(b) for the purpose of enforcing a judgement to
award damages, costs or expenses (other than a
judgement to which subparagraph (l)(c) applies),
by the person to whom the sum concerned was
awarded.

PART II - TRIBUNAL RULES
1. General.

Tribunal rules may make different provision for
different kinds of proceedings.
2. Institution of proceedings.

(1) Tribunal rules may make provision as to the
period within which and the manner in which proceedings
are to be brought.

(2) That provision may, in particular —
(a) provide for a fee to be paid when filing claims;
(b) provide for time limits for making claims;
(c) provide for the Tribunal to extend the period in

which any particular proceedings may be
brought; and

(d) provide for the form, contents, amendment and
acknowledgement of the documents by which
proceedings are to be instituted.

(3) Tribunal rules may provide for the Tribunal to
reject any proceedings if it considers that —

(a) the person instituting them does not have a
sufficient interest in the judgement with respect to
which the proceedings are brought; or

(b) the document by which such person institutes the
proceedings discloses no valid grounds for
bringing them.

(4) Tribunal rules may provide for the Tribunal to
reject any proceedings if it is satisfied that the person
instituting the proceedings has habitually and persistently
and without any reasonable ground —

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

(a) instituted vexatious proceedings (whether against
the same person or against different persons); or

(b) made vexatious applications in any proceedings.

(5) Tribunal rules must ensure that no proceedings
are rejected without giving the parties the opportunity to be
heard.
3. Pre-hearing.

(1) Tribunal rules may make provision for the
carrying out by the Tribunal of a preliminary consideration
of proceedings (a “pre-hearing review”).

(2) Provision for a pre-hearing may include —
(a) provision enabling such powers to be exercised

on a pre-hearing review as may be specified in
the rules; and

(b) provision for security and supplemental provision
relating to security.

(3) For the purposes of paragraph 3(2)(b) —
(a) “provision for security” means provision

authorising the Tribunal, in specified
circumstances, to order a party to the
proceedings, if the party wishes to continue to
participate in the proceedings, to pay a deposit
not exceeding such sum as may be specified or
calculated in a specified manner; and

(b) “supplemental provision”, in relation to security,
means provision as to —
(i) the manner in which the amount of a deposit

is to be determined;
(ii) the consequences of non-payment of a

deposit;
(iii) the circumstances in which the deposit, or

any part of it, may be refunded to the person
who paid it or paid to another party to the
proceedings.

4 Conduct of hearing.
(1) Tribunal rules may make provision —
(a) as to the manner in which proceedings are to be

conducted, including provision for any hearing to

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be held in private if the President considers it
appropriate;

(b) as to the persons entitled to appear on behalf of
the parties;

(c) for requiring persons to attend to give evidence
and produce documents, and for authorising the
administration of oaths to witnesses;

(d) as to the evidence which may be required or
admitted and the extent to which it should be oral
or written;

(e) allowing the Tribunal to fix time limits with
respect to any aspect of proceedings and to
extend any time limit (before or after its expiry);

(f) enabling the Tribunal, on the application of any
party or on its own initiative, to order:
(i) the disclosure between, or the production by,

the parties of documents or classes of
documents; or

(ii) discovery or inspection of documents;
(g) for the appointment of experts for the purposes of

proceedings;
(h) for the award of costs or expenses, including

allowances payable to persons in connection with
attendance before the Tribunal; and

(i) for taxing or otherwise settling any costs or
expenses awarded by the Tribunal or for the
enforcement of any order awarding costs or
expenses.

(2) A person who without reasonable excuse fails to
comply with —

(a) any requirement imposed by virtue of paragraph
(1)( c); or

(b) any requirement with respect to the disclosure,
production, discovery or inspection of documents
which is imposed by virtue of paragraph (1)( f),

is guilty of an offence and liable on summary conviction to
a fine not exceeding twenty thousand dollars.

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STATUTE LAW OF THE BAHAMAS LRO 1/2010

5. Quorum.
(1) Tribunal rules may make provision as to the

consequences of a member of the Tribunal being unable to
continue after part of any proceedings have been heard.

(2) The rules may allow the Tribunal to consist of the
remaining members for the rest of the proceedings.
6. Interest.

(1) Tribunal rules may make provision allowing the
Tribunal to order that interest is payable on any sum
awarded by the Tribunal or on any fees ordered to be paid
under paragraph 9 of this Schedule.

(2) A provision made under subparagraph (1) may
include provision —

(a) as to the circumstances in which such an order
may be made;

(b) as to the manner in which, and the periods in
respect of which, interest is to be calculated and
paid.

7. Fees.
Tribunal rules may provide —
(a) for fees to be chargeable in respect of specified

costs of proceedings; and
(b) for the amount of such costs to be determined by

the Tribunal.

8. Withdrawal of proceedings.
Tribunal rules may make provision —
(a) preventing a party who has instituted proceedings

from withdrawing them without the permission of
the Tribunal or, in specified circumstances, the
President;

(b) for the Tribunal to grant permission to withdraw
proceedings on such conditions as it considers
appropriate;

(c) as to the effect of withdrawal of proceedings; and
(d) as to the procedure to be followed if parties to

proceedings agree to settle.

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9. Interim orders.
Tribunal rules may provide for the Tribunal to make

an order, on an interim basis —
(a) suspending the effect of any judgement which is

the subject matter of proceedings before it;
(b) granting any remedy which the Tribunal would

have had power to grant in its final judgement.

10. Miscellaneous.
Tribunal rules may make provision —
(a) for a person who is not a party to be joined in any

proceedings;
(b) for hearing a person who is not a party where, in

any proceedings, it is proposed to make an order
or give a direction in relation to that person;

(c) for proceedings to be consolidated on such terms
as the Tribunal thinks appropriate in such
circumstances as may be specified.

SCHEDULE 3

FUNDING OF THE TRIBUNAL

(1) To the extent that they are not met by sums
collected in accordance with section 10(2), the expenses of
the Tribunal and the salaries and allowances of the
President, Registrar and members of the Tribunal (the
'relevant expenditure') shall be paid out of sums collected
in accordance with this Schedule.

(2) The Registrar shall, at the direction of the
President, within three months after establishment of the
Tribunal publish and certify as reasonable an estimate of
the anticipated relevant expenditure of the Tribunal for the
first period of at least twelve months ending on 31
December following establishment of the Tribunal.

(3) For each subsequent period of twelve months
ending on 31 December (each being a 'relevant period') the
Registrar shall, at the direction of the President, publish
and certify as reasonable an estimate of the anticipated
relevant expenditure of the Tribunal for the relevant period
based on —

[CH. 307 – 20 UTILITIES APPEAL TRIBUNAL





STATUTE LAW OF THE BAHAMAS LRO 1/2010

(a) actual relevant expenditure properly incurred by
the Tribunal in exercise of its functions and
powers during the previous twelve months, and

(b) an estimate of any additional or extraordinary
relevant expenditure reasonably anticipated by
the Registrar during the relevant period.

(4) Any estimate published and certified by the
Registrar in accordance with paragraphs (2) and (3) shall
indicate whether any element of anticipated relevant
expenditure relates specifically to one or more regulated
sectors so that URCA may in levying and collecting the
Tribunal Fee under paragraph (5) apportion that Tribunal
Fee between regulated sectors.

(5) As soon as reasonably practicable and in any
event within three (3) months after publication of the
Registrar's estimate in accordance with paragraphs (2) and
(3) shall demand and collect from all licensees or regulated
persons in the regulated sectors a fee (the 'Tribunal Fee').

(6) All sums demanded and collected by URCA
under paragraph (5) shall be paid to the Registrar for the
account of the Tribunal and those sums shall be applied by
the Registrar to secure the efficient performance by the
Tribunal of its functions and powers.

(7) The Registrar shall retain any excess sums
collected under this Schedule for application to relevant
expenditure during the next or any subsequent relevant
period.

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