Wireless Telegraphy Act 1949 (repealed)

Yn ddilys o 20/12/1999

[F1 1F Appeals U.K.

(1) This section shall apply to the following decisions of the Secretary of State taken on or after 20th December1999—

(a) a decision to grant or renew, or refuse to grant or renew, a licence under section 1;

(b) a decision to include within a licence particular terms, provisions or limitations;

(c) a decision with regard to the variation of any term, provision or limitation in a licence;

(d) a decision to revoke a licence;

(e) a decision under this Act or under section 84 of the Telecommunications Act 1984 with regard to the approval of any apparatus; and

(f) any other decision under this Act or a decision under the Wireless Telegraphy Act 1998 F2 in respect of which the rights or interests of a person who is authorised or who wishes to be authorised by a licence are materially affected.

(2) Subject to subsection (5) below, a person aggrieved by a decision to which this section applies may appeal against the decision on one or more of the following grounds—

(a) that a material error as to the facts has been made;

(b) that there was a material procedural error;

(c) that an error of law has been made; or

(d) that there was some other material illegality, including unreasonableness or lack of proportionality.

(3) In England and Wales and Northern Ireland, an appeal lies to the High Court, and in Scotland, an appeal lies to the Court of Session.

(4) The court determining an appeal may—

(a) dismiss the appeal; or

(b) quash the decision,

and where the court quashes a decision it may refer the matter to the Secretary of State with a direction to reconsider it and reach a decision in accordance with the findings of the court.

(5) No appeal under this section shall be brought unless the leave of the court has been obtained.

(6) An appeal under this section shall be brought without unreasonable delay and in any event not later than three months from the date on which the Secretary of State made his decision, or within such other period as may be specified by rules of court.

(7) The effect of a decision to which an appeal under this section relates shall not, except where the court so orders, be suspended in consequence of the bringing of the appeal.

(8) Any proceedings under this section in the Court of Session shall be before the Lord Ordinary.

(9) Except as provided by this section, the validity of a decision to which this section applies shall not be questioned in any legal proceedings whatsoever.]

Textual Amendments

F1 S. 1F inserted (20.12.1999) by S.I. 1999/3180, reg. 4(3)

F2 1998 c. 6.