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Unit Standard No.12164Page 141

(4) (a) The Ombud must reduce a determination to writing, including all the reasons

therefor, sign the determination, and send copies thereof to the registrar and all parties concerned with the complaint and, if no notice of appeal to the board of appeal has been lodged within the period required therefore, to the clerk or registrar of court which would have had jurisdiction in the matter had it been heard by a Court.

(b) Where a notice of appeal has been lodged, the Ombud must send a copy of the final decision of the board of appeal to any such clerk or registrar.

(5) A determination-

(a) or a final decision of the board of appeal, as the case may be, is regarded as a

civil judgment of a Court, had the matter in question been heard by a Court,

and must be so noted by the clerk or registrar, as the case may be, of that

Court;

(b) is only appealable to the board of appeal -

(i) with the leave of the Ombud after taking into consideration-

(aa) the complexity of the matter; or

(bb) the reasonable likelihood that the board of appeal may reach a

different conclusion; or

(ii) if the Ombud refuses leave to appeal, with the permission of the chairperson of the board of appeal.

(6) (a) A writ of execution may, in the case of a determination or a final decision of the board of appeal amounting to a monetary award, be issued by the clerk or the registrar referred to in subsection (3) and may be executed by the sheriff of such Court after expiration of a period of two weeks after the date of the determination or of the final decision of the board of appeal, as the case may be.

(b) Any other determination must be given effect to in accordance with the applicable

procedures of a Court after expiration of a period of two weeks after the date of the

determination or of the final decision of the board of appeal.

INSMAT final materials31/10/03

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