Gambling Act 2005

144 Powers of Tribunal E+W+S

(1) On an appeal under section 141 against a decision or action taken by the Commission the Tribunal may—

(a) affirm the Commission's decision or action;

(b) quash the Commission's decision or action in whole or in part;

(c) substitute for all or part of the Commission's decision or action another decision or action of a kind that the Commission could have taken;

(d) add to the Commission's decision or action a decision or action of a kind that the Commission could have taken;

(e) remit a matter to the Commission (generally, or for determination in accordance with a finding made or direction given by the Tribunal);

(f) reinstate a lapsed or revoked licence.

(2) In determining an appeal instituted out of time under [F1 Tribunal Procedure Rules] or following a direction under section 145(2) the Tribunal may, in addition to the matters specified in subsection (1) above, make any order that it thinks appropriate.

(3) In determining an appeal the Tribunal shall have regard to any relevant provision of a code of practice issued by the Commission under section 24.

(4) In determining an appeal the Tribunal may take account of evidence which was not available to the Commission.

(5) Section 141 applies to a decision or action of the Commission following remittal under subsection (1)(e) above.

Textual Amendments

F1 Words in s. 144(2) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 97 (with Sch. 5)

Commencement Information

I1 S. 144 in force at 1.1.2007 by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)