- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
16.—(1) In respect of a provision listed in the first column of the following table, a decision of the decision maker listed in the corresponding entry in the second column may be appealed to a Panel by a person listed in the corresponding entry in the third column.
Provision | Decision maker | Appellant |
---|---|---|
article 6(1) | the Registrar | the applicant |
article 6(3) | the person prescribed | the applicant |
article 7 | the Regulator | the person registered |
article 8 | the Regulator | the person who is subject to the condition |
article 9(2) | the Registrar | the person to whom the entry relates |
article 10(3), other than sub-paragraph (b)(ii) | the case examiner | the person to whom the determination relates |
article 12(4) | the Regulator | the person to whom the Interim Measure relates |
article 13(1) | the case examiner | the person to whom the Final Measure relates |
article 14(3) | the Regulator | the person to whom the Final Measure relates |
(2) A person who wishes to appeal under paragraph (1) must seek permission to do so from the Regulator within 28 days beginning with the date on which the decision was notified to the person listed in the third column of the table.
(3) Following receipt of an application for permission to appeal, the Regulator must—
(a)grant permission,
(b)refuse permission, or
(c)where the rules under paragraph 3 of Schedule 4 permit, revise the decision under article 15.
(4) Rules made under paragraph 12 of Schedule 4 may prescribe other persons who may appeal against a decision made under a provision listed in the first column of the table in paragraph (1).
(5) On an appeal under this article, the Panel may—
(a)dismiss the appeal;
(b)quash the decision under appeal;
(c)substitute for the decision under appeal a decision that could have been made;
(d)remit the matter to be disposed of in accordance with directions.
(6) No appeal under paragraph (1) lies against a decision made solely on the ground that the person has not—
(a)applied for registration under article 6 in accordance with rules made under paragraph 4(1)(a) of Schedule 4, or
(b)paid a fee payable in accordance with rules made under paragraph 8 of Schedule 4.
(7) Reference to a decision under paragraph (1) includes a decision—
(a)as previously revised under article 15, and
(b)as amended pursuant to article 17(6)(d).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: