The Fishing Boats (Satellite-Tracking Devices) Scheme (Northern Ireland) 2013

Review of decision

6.—(1) Where the Department rejects an application under Article 5, a person may apply to the Department for a review of the decision in accordance with this Article if that person is—

(a) the applicant whose application has been rejected; or

(b) any other person who is eligible under Article 3 to make an application in respect of the fishing boat specified in the application that has been rejected.

(2) An application for review shall be made to the Department no later than 3 months from the date of the notification of the decision to be reviewed.

(3) An application for review shall be in writing and shall specify—

(a) the name and address of the applicant and if that person is not the person notified of the decision by the Department, the interest of that person in the decision in respect of which the application for review is made;

(b) the decision of the Department in respect of which the application for review is made and its date; and

(c) full particulars of the grounds upon which the review of the decision is sought.

(4) Where an application for review is made under this Article the Department shall review the decision which is specified in it.

(5) In reviewing a decision the Department may—

(a) consider any document or other evidence produced by the applicant or an eligible person (whether or not that document or evidence was available at the time of the decision);

(b) invite the applicant or eligible person to provide such further information relevant to the review as it considers appropriate; and

(c) give the applicant or eligible person an opportunity to give evidence and to make representations in person or through a representative.

(6) Following a review of the decision the Department may—

(a) confirm the decision; or

(b) substitute for it a new decision.

(7) As soon as reasonably practicable after reviewing the decision, the Department shall notify in writing the person applying for the review and, if different, the person whose application was rejected under Article 5, of its decision under paragraph (6) and the reasons for it.

(8) In paragraph (5) “eligible person” means any person, other than the applicant for a review, who is eligible under Article 3 to make an application in respect of the fishing boat.