Regulation 24 Decisions on appeals
The appeal panel must give notice of its decision to the Secretary of State, the appellant, the respondent and any intervener, within the applicable period beginning with the day after the day on which the decision was taken.
If the appeal is dismissed, the notice must state—
that the decision appealed against is confirmed,
what action, if any, is required from the appellant, and
the date by which this action must be taken.
If the appeal is allowed in whole or in part, the notice must state—
which parts of the decision appealed against are quashed, and which parts, if any, are confirmed,
how the decision appealed against is varied, and
whether the whole decision is being remitted to the person who made the decision for reconsideration or, if not, which elements of the matter are being so remitted for reconsideration.
The notice must also—
set out the reasons for the appeal panel’s decision,
state the date on which the appeal panel’s decision comes into effect, and
be signed by the chair of the appeal panel.
If the appeal is allowed in whole or in part, the regulator must, within the period of 28 days beginning with the day after the day on which the regulator received notice of the decision—
reimburse the appellant an amount equal to the fees paid by the appellant in relation to the appeal under regulation 9;
write to the appellant explaining—
what action the regulator will take to comply with the appeal panel’s determination, and
when that action will be taken.
Notice of the outcome of the appeal must be published by the secretary on the panel website unless paragraph (7) applies.
This paragraph applies if publishing the notice would, in the opinion of the appeal panel—
breach any international obligations of the United Kingdom,
involve the disclosure of sensitive information, or information which is commercially sensitive, or
breach data protection legislation, and for these purposes, “data protection legislation” has the meaning given in section 3(9) of the Data Protection Act 2018f1.
The secretary must remove information relating to an appeal from the panel website—
if the decision of the appeal panel to grant an appeal is overturned by the court on an application for judicial review, or
if later, after the expiry of a period of five years beginning with the day after the day on which that information was first published on the panel website.
Annotations
Footnotes
- f1
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2018 c. 12. Section 3(9) was amended by S.I. 2019/419.