2016 LOCAL GOVERNMENT LAWS AMENDMENT Costs 6. At the conclusion of a hearing the independent tribunal may make such order as to the costs of the proceedings as it thinks fit. Imposition of civil penalties by independent tribunal 7. (1) Where an independent tribunal determines that a respondent is guilty of misconduct the tribunal may, together with its determination that the respondent is guilty of the misconduct, impose upon the respondent either of the following civil penalties in either of the following circumstances— (a) if the respondent was responsible for any deficiency in or improper payment from or loss or destruction of the moneys of any local authority, order the respondent to make such payment in respect of such deficiency, improper payment, loss or destruction, as the case may be, as may be fixed by the independent tribunal; or (b) if the respondent was responsible for any deficiency in or destruction of or damage to the property of any local authority, order the respondent to pay an amount equal to the cost of replacement of or repairs to the property concerned, as the case may be, or such portion of that cost as the independent tribunal considers to be equitable in the circumstances. (2) A civil penalty order that becomes payable by the respondent shall constitute a debt due by the respondent to the local authority concerned, which may, at any time after it becomes due, sue for and recover the debt in a court of competent jurisdiction. (3) The amount of a civil penalty shall be paid into and form part of the funds of the local authority concerned. Determination of incapacity for office 8. This Schedule (other than paragraphs 4(4), (5) and (6), 5, 6 and 7) applies to the determination of an allegation of inability on the part a respondent to perform the functions of his or her office due to mental or physical incapacity, as if references in this Schedule to an allegation of misconduct are references to an allegation of incapacity. Alternate member 9. (1) If an alternate is substituted for any member of the tribunal, the secretary of the tribunal shall furnish him or her with a written brief approved by the other members of all the evidence led or produced at the tribunal up to the date that the alternate assumes office: Provided that the alternate has the right to require the rehearing or reconsideration of any evidence led or produced at the tribunal before the date that he or she assumed office. (2) The proceedings of the tribunal shall not be challenged on the sole ground that its composition changed by virtue of section 157A(9) or (11) of the Rural District Councils Act [Chapter 29:13] or section 114A(9) or (11) of this Act. 219 No. 8