Regulation 65 Review of decisions of the Secretary of StateI1

England, Wales and Scotland

(1)

A supplier or a customer may request the Secretary of State to review a determination made by the Secretary of State under regulation 63 or 64 in respect of a Part 2 or Part 4 matter.

(2)

A supplier may request the Secretary of State to review a Part 3 decision.

(3)

The Secretary of State may decline to review a relevant decision where the Secretary of State considers that the request does not meet the applicable threshold, by giving notice to that effect to the applicant setting out the Secretary of State’s reasons for so considering.

(4)

Except as provided in paragraph (3), upon receiving a review request, the Secretary of State must—

(a)

where the request relates to the determination of a Part 2 or Part 4 matter, give the other party a reasonable opportunity to submit its views on the determination;

(b)

reconsider the relevant decision;

(c)

give notice to the applicant and (where applicable) the other party of—

(i)

the outcome of the reconsideration (the “reconsidered decision”), and

(ii)

the reasons for the reconsidered decision.

(5)

The reconsidered decision is final and binding on the applicant and (where applicable) the other party, and a court may entertain proceedings for questioning the decision only if the proceedings are brought by a claim for judicial review.

Annotations

Commencement

I1: Reg. 65 in force at 1.11.2022, see reg. 1(1)