FIFTH SCHEDULE (Section 70) Appeal Tribunal Constitution. 1—(1) The Appeal Tribunal shall, subject to sub-paragraph (3), consist of five members (including the chairperson appointed pursuant to paragraph 3), appointed by the Governor-General after consultation with the Prime Minister and the Leader of the Opposition.
(2) The members appointed under sub-paragraph (1), other than the chairperson, shall be persons having expertise in the field of data protection or privacy rights.
(3) For the hearing of any appeal under this Act the Appeal Tribunal may consist of one member sitting alone, if the parties to the appeal agree.
Tenure. 2. The members of the Appeal Tribunal shall, subject to the provisions of this Schedule, hold office for a period of five years and shall be eligible for reappointment.
Chairperson. 3. The Governor-General shall appoint to be the chairperson of the Appeal Tribunal a retired Judge of the Supreme Court or Court of Appeal.
Acting 4. The Governor-General, after consultation with the Prime
appoint: Minister and the Leader of the Opposition, may appoint—
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(a) in the case of the absence or inability to act of the chairperson, another retired Judge of the Supreme Court or Court of Appeal to act in place of the chairperson, or
(b) inthe case of the absence or inability to act of any other member of the Appeal Tribunal, any person to act in place of that member.
Resignation. §—(1) Any member of the Appeal Tribunal other than the chairperson may at any time resign the office by instrument in writing addressed to the Governor-General and transmitted through the chairperson, and from the date of receipt by the Governor- General of the instrument that member shall cease to be a member of the Appeal Tribunal.
(2) The chairperson may at any time resign the office by instrument in writing addressed to the Governor-General, and such resignation shall take effect as from the date of receipt by the Governor-General of the instrument.
6. The Governor-General, after consultation with the Prime Revocation Minister and the Leader of the Opposition, may terminate the of _ appointment of any member of the Appeal Tribunal who— Appointment. (a) becomes of unsound mind or becomes permanently unable to perform his functions by reason of ill health; (b) becomes bankrupt or compounds with, or suspends payment to, his creditors; (c) _ is convicted and sentenced to a term of imprisonment or to death; (d) is convicted of any offence involving dishonesty; or (€) fails to carry out the functions conferred or imposed on the member by this Act.
7. If any vacancy occurs in the membership of the Appeal Filling of Tribunal, such vacancy shall be filled by the appointment of another vacancies. member,
8. The names of al] the members of the Appeal Tribunal as first Publication constituted, and every change in membership thereof, shall be °f member- published in the Gazette. ship.
9. There shall be paid to the chairperson and other members of Remunera- the Appeal Tribunal, in respect of each appeal, such remuneration tion of (whether by way of honorarium, salary or fees) and such allowances Members. as may be determined by the Minister responsible for the public service.
10. Subject to paragraph 1(2), the decisions of the Appeal Voting. Tribunal shall be by a majority of votes of the members, and in addition to an original vote, the chairperson shall have a casting vote in any case in which the voting is equal.
11. Subject to the provisions of this Act, the Appeal Tribunal Power to shall regulate its own proceedings. regulate own
proceedings.
12. The office of chairperson or member of the Appeal Tribunal Office not a shall not be a public office for the purposes of Chapter V of the Public office.
Constitution of Jamaica. Passed in the House of Representatives this 19th day of May, 2020. FRANKLIN WITTER Deputy Speaker.
118 [No. } The Data Protection Act, 2020 . Passed in the Senate this 12th day of June, 2020 with three (3) amendments. THOMAS TAVARES-FINSON, CD, QC, JP President. . On the 16th day of June, 2020 the House of Representatives agreed to the amendments made by the Senate. PEARNEL CHARLES, CD, MP, JP Speaker. This printed impression has been carefully compared by me with the authenticated impression of the foregoing Act, and has been found by me to be a true and correct printed copy of the said Act. Ge lerk to the Houses of Parliament.