# The Newhaven Harbour Revision Order 2016, Article 17: Appeals procedure


(1) Where an applicant wishes to appeal pursuant to article 16 he must serve notice on the Company within 28 days of the date upon which the Company refused (or was deemed to have refused) to grant the licence, or granted it upon terms and conditions or subject to modifications.
(2) Upon receipt of a notice of appeal received under paragraph (1) the Company must refer the determination of the appeal to an independent person (the adjudicator) to be agreed between the Company and the applicant or, failing agreement, appointed on the application of the Company 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 Company with findings and reasoned recommendations on whether the licence should be granted and, if so, on what terms or conditions and subject to what modifications, a copy of which must also be provided by the adjudicator to the applicant.
(4) The Company must decide whether to act in accordance with the report and recommendations contained in the report of the adjudicator (but shall not be bound to give effect to the recommendations) and, once it has so decided, it must give notice in writing to the applicant of its 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/2016/151/article/17 (the official version)
Page: https://openlegislation.uk/newhaven-harbour-revision-order-2016/article-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.