PART 5APPEALS

Appeals32.

(1)

A Pillar 1 appellant may appeal in writing to the Secretary of State against a Pillar 1 decision.

(2)

A Pillar 2 appellant may appeal in writing to the Secretary of State against a Pillar 2 decision providing the appeal—

(a)

is on the grounds that—

(i)

the decision was based on an error of fact;

(ii)

the decision was wrong in law;

(iii)

the delivery body made a procedural error;

(b)

sets out the grounds; and

(c)

is received within sixty days of notification of the decision.

(3)

The appointed person must consider any appeal under this regulation and report in writing to the Secretary of State with the person's conclusions on it and a recommendation as to the manner in which the matter should be finally determined by the Secretary of State.

(4)

The Secretary of State may—

(a)

pay to the appointed person such reasonable remuneration in respect of that person's functions in this regard, and such travelling and other allowances, as the Secretary of State may determine; and

(b)

charge an appellant an appeal fee payable when the appeal is lodged.

(5)

For the purposes of paragraph (4)(b), the appeal fee is—

(a)

£100 if there is no sum in dispute; or

(b)

determined by reference to the sum in dispute in accordance with the applicable level as set out in Schedule 4.

(6)

Following receipt of a report pursuant to paragraph (3), the Secretary of State must make a final determination.

(7)

The Secretary of State must refund the appeal fee (if any) to the appellant if, as a result of the appeal, the Secretary of State revises the decision that was the subject of the appeal.