Section 27 Rights of appeal.C1

United Kingdom

(1)

An institution which is aggrieved by a decision of the F1Authority—

(a)

to refuse an application by the institution for authorisation F2otherwise than in a case in which the refusal isin pursuanceof a direction under section 26A above;

(b)

to revoke its authorisation otherwise than in a case in which revocation is mandatory under section 11 above;

(c)

to restrict its authorisation, to restrict it in a particular manner or to vary any restrictions of its authorisation; or

(d)

to give it a direction under section 19 above or to vary a direction given to it under that section,

may appeal against the decision to a tribunal constituted in accordance with section 28 below.

(2)

Where—

(a)

the ground or a ground for a decision within paragraph (a), (b) or (c) of subsection (1) above is that mentioned in section 10(3) or 13(4)(a) above; or

(b)

the effect of a decision within paragraph (c) or (d) of that subsection is to require the removal of a person as director, controller or manager of an institution,

the person to whom the ground relates or whose removal is required may appeal to a tribunal constituted as aforesaid against the finding that there is such a ground for the decision or, as the case may be, against the decision to require his removal.

(3)

Any person on whom a notice of objection is served under section 22 or 24 above may appeal to a tribunal constituted as aforesaid against the decision of the Authority to serve the notice; but this subsection does not apply to a person in any case in which he has failed to give a notice or become or continued to be a controller in circumstances in which his doing so constitutes an offence under section 25(1), (2) or (3) above.

C2(4)

The revocation of an institution’s authorisation pursuant to a decision against which there is a right of appeal under this section shall not have effect—

(a)

until the end of the period within which an appeal can be brought; and

(b)

if such an appeal is brought, until it is determined or withdrawn.

(5)

The Tribunal may suspend the operation of a restriction or direction or a variation of a restriction or direction pending the determination of an appeal in respect of the decision imposing or varying the restriction or giving or varying the direction.

Annotations

Textual amendments

F1: Words in s. 27 substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. I Ch. I para.9; S.I. 1998/1120, art.2
F2: Words in s. 27(1)(a) inserted (1.1.1993) by S.I. 1992/3218, reg. 32(2)(c).

Modifications

C1

S. 27 amended (1.1.1993) by S.I. 1992/3218, reg. 9(7), Sch. 3 para. 4(1); reg. 22(6), Sch. 6 para. 8(1); reg. 23(7), Sch. 7 para. 4 .

S. 27 applied (1.12.2001) by S.I. 2001/3592, art. 112(c) (with art. 23(2))

C2

S. 27(4)(5) applied (with modifications) (1.12.2001) by S.I. 2001/3592, art. 113(1) (with art. 23(2))

Notes on the whole Act

Textual amendments

F1

Act repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 3(1)(d)

Act continued (with modifications) (1.12.2001) by S.I. 2001/2967, arts. 1(2), 9(1), Sch. 1 Pt. 1; S.I. 2001/3538 (as amended (1.4.2013) by S.I. 2013/472, arts. 1(1), 3, Sch. 2 para. 56(h)(i)); and specified provisions of Act applied, extended and amended (1.4.2003) so far as still in force by 2001 c. 16, ss. 50, 52-54, 57(1)(j)(4), 68, 138(2), Sch. 1 para. 43, Sch. 2 para. 16(2)(d); S.I. 2003/708, art. 2