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Regulation 4 Appeal panels

Original text. Later amendments are not shown.

(1)

An appeal, or a request for permission to appealf1, in respect of an appealable decision, is to be determined by an appeal panel appointed by the Secretary of State under regulation 6(2).

(2)

Subject to paragraph (6), an appeal panel must consist of three or more members, including, where possible, a representative from UKSA.

(3)

One member of each appeal panel appointed must be designated by the Secretary of State as the chair of that panel.

(4)

Where an appeal may involve the consideration of sensitive information, all members of the appeal panel appointed to hear that appeal must have a level of security clearance regarded as appropriate by the government of the United Kingdom for persons with access to that material.

(5)

No member of the panel members list may be appointed to an appeal panel if that member has been involved in the decision which is being appealed or has any other conflict of interest.

(6)

Where it is not possible to appoint an appeal panel with three members in a particular case because—

(a)

there are only two members available, or

(b)

one of the proposed members has a conflict of interest,

an appeal panel may sit with two members.

(7)

In any case where an appeal panel is sitting with an even number of members, the chair is to have a second vote.

Annotations

Footnotes

f1

Paragraph 5(1) of Schedule 10 to the Space Industry Act 2018 provides that an appeal to a panel may be brought only with the panel’s permission.