3. Section 9 of the principal enactment is hereby amended as follows :-
| (1) by the repeal of subsection (1) of that section and enactment the substitution therefor, of the following subsections :-
| | (1) Upon receipt of an application under section 6 or upon a reference made to him under section 7 or section 8, the Chairman of a Panel appointed for a Mediation Board area shall, ascertain from the disputants their preferences as to the manner of constituting a Mediation Board, and shall in accordance with the preferences expressed by the disputants, do either of the following :-
| | | (i) constitute a Mediation Board under subsection (2); or |
| (ii) allow the disputants to select a pre-constituted Board under subsection (3). |
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| | (2) Where all the disputants express a preference for the constitution of a Mediation Board under subsection (1), the Chairman of a Panel appointed for a Mediation Board area shall, constitute a Mediation Board (hereinafter referred to as the " Board") of three members, consisting of-
| | | (a) one member selected by each disputant ; and |
| (b) one member selected by the members selected under paragraph (a), |
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| | (3) Where all the disputants express a preference for the reference of the dispute or offence in respect of which the application or reference is made, to a pre-constituted Board, the Chairman of the panel shall allow the disputants to select any Board from among the Boards, each consisting of three members, (including a Chief Mediator appointed by the Chairman), previously constituted by the Chairman, from the Panel appointed for that Mediation Board area.'; | | |
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| (2) by the renumbering of subsections (2) and (3) of that section, as subsections (4) and (5) of that section, respectively. |
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| (3) in the renumbered subsection (4) of that section, by the substitution, for all the words and figures from " The member selected " to " (hereinafter referred to as the " Chief Mediator ") : " of the following:- |
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| (4) in the renumbered subsection (5) of that section, by the substitution, for the words " Upon the constitution of the Board, " of the words " Upon the constitution or selection of the Board ". |
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Sri Lanka Consolidated Acts