Regulation 36 Appealing a decision made by the Welsh MinistersI1
England and Wales
Where the right of appeal is provided for under section 58D(4), 58I(5), 58J(5), 58P(4), 58U(5), 58V(5), 58Z4(7), 58Z5(9), 58Z6(5) or 58Z7(5) of the 1984 Act, an appeal must be made to a magistrates’ court by way of complaint.
An appeal may only be made on one or more of the following grounds. The grounds are that the Welsh Ministers’ decision was—
erroneous in fact;
wrong in law;
unreasonable;
procedurally flawed.
An appeal must be made within 21 relevant days beginning with the day after the day on which the Welsh Ministers notify the applicant of the decision, or within such extended period as may at any time be agreed upon in writing between the applicant and the Welsh Ministers.
On an appeal, a magistrates’ court may confirm, vary or quash the decision made by the Welsh Ministers.
In this regulation “relevant days” means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971f1.
Annotations
Commencement
Footnotes
- f1