1.An appeal may be made to the FTT against a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 2.
2.Such an appeal may be made:
(a)in all cases, by a person specified in the corresponding entry in column 2 of the table in Part 2 of Annex 2;
(b)in the case of a decision affecting an application submitted by the authorities of a third country, by the authorities of that third country.
3.In determining such an appeal the FTT:
(a)must consider the decision appealed against afresh;
(b)may take into account evidence that was not available to the Secretary of State.
4.The FTT may:
(a)dismiss the appeal, or
(b)if it allows the appeal, exercise any power specified in the corresponding entry in column 3 of the table in Part 2 of Annex 2.
5.Where the FTT remits a matter to the Secretary of State for reconsideration and fresh decision:
(a)the Secretary of State, after making a fresh decision, must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the original applicant, the appellant (if different) and the public of that fresh decision and the reasons for that decision;
(b)the provisions of this Chapter and Annex 2 apply to the fresh decision made by the Secretary of State.
6.An appeal made under paragraph 1 in relation to a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 2 does not prevent an entry recorded on Great Britain’s GIs Register by the Secretary of State following that decision from having effect.
7.The entry referred to in paragraph 6 continues to have effect, despite the appeal, unless the appeal is allowed by the FTT and:
(a)in a case where the FTT quashes the Secretary of State’s decision and directs the Secretary of State to take specified action, that action has been taken;
(b)in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision, the relevant entry ceases to have effect as a result of consequent action taken in relation to the entry in the register following the fresh decision taken by the Secretary of State.]
Textual Amendments