Regulation 19B Decision of the First-tier TribunalF1

(1)

The First-tier Tribunal must determine the appeal after considering the grounds of appeal referred to in regulation 19A(3) and by applying the same principles as would be applied by a court on an application for judicial review.

(2)

The Tribunal may, until it has determined the appeal in accordance with paragraph (1) and unless the appeal is withdrawn, suspend the effect of the whole or part of any of the following decisions to which the appeal relates—

(a)

a decision under regulation 8(3) to designate a person as an OES;

(b)

a decision under regulation 9(1) or (2) to revoke the designation of a person as an OES;

(c)

a decision under regulation 17(1) to serve an enforcement notice;

(d)

a decision under regulation 17(2) to serve an enforcement notice;

(e)

a decision under regulation 18(3A) to serve a penalty notice; or

(f)

a decision under regulation 18(3B) to serve a penalty notice.

(3)

The Tribunal may—

(a)

confirm any decision to which the appeal relates; or

(b)

quash the whole or part of any decision to which the appeal relates.

(4)

Where the Tribunal quashes the whole or part of a decision to which the appeal relates, it must remit the matter back to the designated competent authority for the OES or, as the case may be, the F2Information Commission, with a direction to that authority or the Information Commission to reconsider the matter and make a new decision having regard to the ruling of the Tribunal.

(5)

The relevant competent authority or, as the case may be, the Information Commission, must have regard to a direction under paragraph (4).

(6)

Where the relevant competent authority or, as the case may be, the Information Commission, makes a new decision in accordance with a direction under paragraph (4), that decision is to be considered final.

Annotations

Textual amendments

F1: Regs. 19A-A20 inserted (31.12.2020) by The Network and Information Systems (Amendment and Transitional Provision etc.) Regulations 2020 (S.I. 2020/1245), regs. 1(1), 16 (with reg. 21)
F2: Words in reg. 19B(4)-(6) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 3 para. 24(2)(3)(l); S.I. 2026/1015, reg. 2(c)