# The Lymington Harbour Revision Order 2014, Article 15: Appeals procedure


(1) Where an applicant wishes to appeal under article 14 he must serve notice on the Commissioners within 28 days of the date upon which the Commissioners refused (or were deemed to have refused) to grant the licence, or granted it subject to terms or conditions or to modifications.
(2) Upon receipt of a notice of appeal under paragraph (1) the Commissioners must refer the determination of the appeal to an independent person (“the adjudicator”) to be agreed between the Commissioners and the applicant or, failing agreement, appointed on the application of the Commissioners or the applicant by the President of the London Maritime Arbitrators Association.
(3) The adjudicator must, so far as is reasonably practicable within 28 days of the referral, first provide a reasonable opportunity for each of the parties to make representations to or be heard by the adjudicator and then make a report in writing to the Commissioners with findings and reasoned recommendations on whether the licence should be granted and, if so, subject to what terms or conditions or subject to what modifications, a copy of which report must also be provided by the adjudicator to the applicant.
(4) The Commissioners must decide whether to act in accordance with the report and recommendation contained in the report of the adjudicator (but shall not be bound to give effect to the recommendations) and, once they have so decided, they must give notice in writing to the applicant of their decision and of the reasons for that decision.
(5) The costs incurred by the adjudicator and by each of the parties on any referral under paragraph (2) are to be paid by such one or more of the parties to the referral as the adjudicator may direct.

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Source: https://www.legislation.gov.uk/uksi/2014/1076/article/15 (the official version)
Page: https://openlegislation.uk/lymington-harbour-revision-order-2014/article-15
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.