OpenLegislation

Article 54a Appeals: generalF1

Original text. Later amendments are not shown.

1.

An appeal may be made to the FTT against a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 1B.

2.

Such an appeal may be made:

a)

in all cases, by a person specified in the corresponding entry in column 2 of the table in Part 2 of Annex 1B;

b)

in the case of a decision affecting an application submitted by the authorities of a third country, by the authorities of that third country.

3.

In determining such an appeal the FTT:

a)

must consider the decision appealed against afresh, and

b)

may take into account evidence that was not available to the Secretary of State.

4.

The FTT may:

a)

dismiss the appeal, or

b)

if it allows the appeal, exercise any power specified in the corresponding entry in the third column of the table in Part 2 of Annex 1B.

5.

Where the FTT remits a matter to the Secretary of State for reconsideration and fresh decision:

a)

the Secretary of State, after making a fresh decision, must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the original applicant, the appellant (if different) and the public of that fresh decision and the reasons for that decision;

b)

the provisions of this Title and Annex 1B apply to the fresh decision made by the Secretary of State.

6.

An appeal made under paragraph 1 in relation to a decision of the Secretary of State specified in column 1 of the table in Part 2 of Annex 1B does not prevent an entry recorded on Great Britain's PDOs or PGIs Register or Great Britain's TSGs Register by the Secretary of State following that decision from having effect.

7.

The entry referred to in paragraph 6 continues to have effect, despite the appeal, unless the appeal is allowed by the FTT and:

a)

in a case where the FTT quashes the Secretary of State's decision and directs the Secretary of State to take specified action, that action has been taken;

b)

in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision, the relevant entry ceases to have effect as a result of consequent action taken in relation to the entry in the register following the fresh decision taken by the Secretary of State.

Annotations

Textual amendments

F1

Title 5A inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 18(53), Sch. 2 Pt. 5