Part 2Networks, services and the radio spectrum
Chapter 3Disputes and appeals
Appeals
I1I2192Appeals against decisions by OFCOM, the Secretary of State etc.
1
This section applies to the following decisions—
a
a decision by OFCOM under this Part F1or any of Parts 1 to 3 of the Wireless Telegraphy Act 2006 that is not a decision specified in Schedule 8;
b
a decision (whether by OFCOM or another) to which effect is given by a direction, approval or consent given for the purposes of a provision of a condition set under section 45;
c
a decision to which effect is given by the modification or withdrawal of such a direction, approval or consent;
d
a decision by the Secretary of State to which effect is given by one of the following—
i
a specific direction under section 5 that is not about the making of a decision specified in Schedule 8;
ii
a restriction or condition set by regulations under section 109;
iii
a direction to OFCOM under section 132;
iv
a specific direction under F2section 5 of the Wireless Telegraphy Act 2006 that is not about the making of a decision specified in Schedule 8.
2
A person affected by a decision to which this section applies may appeal against it to the Tribunal.
3
The means of making an appeal is by sending the Tribunal a notice of appeal in accordance with Tribunal rules.
4
The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules.
5
The notice of appeal must set out—
a
the provision under which the decision appealed against was taken; and
b
the grounds of appeal.
6
The grounds of appeal must be set out in sufficient detail to indicate—
a
to what extent (if any) the appellant contends that the decision appealed against was based on an error of fact or was wrong in law or both; and
b
to what extent (if any) the appellant is appealing against the exercise of a discretion by OFCOM, by the Secretary of State or by another person.
7
In this section and Schedule 8 references to a decision under an enactment—
a
include references to a decision that is given effect to by the exercise or performance of a power or duty conferred or imposed by or under an enactment; but
b
include references to a failure to make a decision, and to a failure to exercise a power or to perform a duty, only where the failure constitutes a failure to grant an application or to comply with any other form of request to make the decision, to exercise the power or to perform the duty;
and references in the following provisions of this Chapter to a decision appealed against are to be construed accordingly.
8
For the purposes of this section and the following provisions of this Chapter a decision to which effect is given by the exercise or performance of a power or duty conferred or imposed by or under an enactment shall be treated, except where provision is made for the making of that decision at a different time, as made at the time when the power is exercised or the duty performed.