Health and Safety at Work Appeal Tribunal: Appointment of Members

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A decision made on 25 March 2011:

Decision Reference: MD-S-2011-0021

Decision Summary Title :

Health and Safety at Work Appeal Tribunal 3/17/2

Date of Decision Summary:

23rd March 2011

Decision Summary Author:

Head of Governance

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Appointment of members to the Health and Safety Appeal Tribunal

Date of Written Report:

23rd March 2011

Written Report Author:

Head of Governance

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Appointment of members to the Health and Safety Appeal Tribunal.

Decision(s):

The Minister decided to recommend to the States the appointment of Mr P W Syvret as Chairman and reappointment of Dr G Llewellin as a member, to serve on the Health and Safety Appeal Tribunal for three year terms of office, commencing on the 1st May 2011.

Reason(s) for Decision:

The requirement for the appointment, by the States, of members to the Health and Safety Appeal Tribunal to replace the existing members whose term of office expires on the 30th April 2011.

Resource Implications:

There are no implications for the financial or manpower resources of the States.

Action required:

Request the Greffier of the States to arrange for the report and proposition to be lodged ‘au Greffe’ and taken into consideration by the States as soon as possible.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Health and Safety at Work Appeal Tribunal: Appointment of Members

PROPOSITION

THE STATES are asked to decide whether they are of opinion -

To appoint 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 three years commencing 1st May 2011.

Mr Philip William Syvret, LL.B (Lond), Solicitor, Chairman

Dr. Gwyn LLewellin, 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 seven years standing) and two 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 appoint Mr Philip William Syvret, as Chairman and reappoint Dr Gwyn Llewellin as a member of the Health and Safety Appeal Tribunal, each for a three year term of office, commencing on the 1st May 2011.

Mr Syvret is a Solictor 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.