Exemption for outstandingly valuable and important pre-1918 items

I1I25Fresh applications and appeals

1

Where an application for an exemption certificate is refused or an exemption certificate is revoked, the owner of the item concerned—

a

may make a fresh application;

b

may appeal to the First-tier Tribunal against the refusal or revocation.

2

A fee prescribed under section 3(1)(h) must be the same for a fresh application under subsection (1)(a) as for a first application.

3

An appeal under subsection (1)(b) may be on the ground—

a

that the decision was based on an error of fact,

b

that the decision was wrong in law, or

c

that the decision was unreasonable,

or on any other grounds that are prescribed by regulations made by the appropriate national authority.

4

On an appeal under subsection (1)(b), the First-tier Tribunal may—

a

confirm the Secretary of State's decision to refuse or revoke the exemption certificate,

b

require the Secretary of State to issue an exemption certificate, or to cancel the decision to revoke an existing exemption certificate, or

c

remit the decision to refuse or revoke the exemption certificate to the Secretary of State for reconsideration.

5

The appropriate national authority may by regulations make further provision about appeals under subsection (1)(b).

6

The Secretary of State may by regulations make provision requiring an appellant to pay a fee of a prescribed amount.