Review of decisions of the Secretary of State
75.—(1) A supplier or a customer may request the Secretary of State to review a determination made by the Secretary of State under regulation 73 or 74 in respect of a Part 2 or Part 4 matter.
(2) A supplier may request the Secretary of State to review a Part 3 decision.
(3) An ETII applicant or QHS applicant may request the Secretary of State to review a decision—
(a)not to issue to it an ETII certificate or (as the case may be) a QHS certificate;
(b)to revoke an ETII certificate or (as the case may be) a QHS certificate issued to it.
(4) An affected person may request the Secretary of State to review a determination made by the Secretary of State under regulation 74 in respect of a regulation 22 matter.
(5) The Secretary of State may decline to review a relevant decision where the Secretary of State considers that the request does not meet the applicable threshold, by giving notice to that effect to the applicant setting out the Secretary of State’s reasons for so considering.
(6) Except as provided in paragraph (5), upon receiving a review request, the Secretary of State must—
(a)where the request relates to the determination of a Part 2 or Part 4 matter, give the other party a reasonable opportunity to make representations in respect of the determination;
(b)where the request relates to the determination of a regulation 22 matter, give each other affected person a reasonable opportunity to make representations in respect of the determination;
(c)consider any representations so made;
(d)reconsider the relevant decision;
(e)give notice to the applicant and (where applicable) the other party or each affected person of—
(i)the outcome of the reconsideration (the “reconsidered decision”), and
(ii)the reasons for the reconsidered decision.
(7) The reconsidered decision is final and binding on the applicant and (where applicable) the other party or (as the case may be) each other affected person, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.
(8) The Regulations apply, in relation to the supply contract, on the basis of the reconsidered decision and each affected person must comply with it.