Section 44 Determination of appeals.

Subject to the following provisions of this Chapter, where an appeal is brought under section 43 above, the Secretary of State—

and for the purposes of this section an appeal by virtue of section 43(1)(b) above shall be taken to be an appeal against a refusal of the application.

Before determining an appeal under section 43 above, the Secretary of State may, if he thinks fit—

and the Secretary of State shall act as mentioned in paragraph (a) or (b) above if a request is made by the applicant or the appropriate agency to be heard with respect to the appeal.

The Secretary of State, in determining an appeal under section 43 above, shall take into account—

F2Subject to subsection (4A) below, in determining any appeal under section 43 above and, in particular, in determining what (if any) direction to give under subsection (6) below, the Secretary of State shall consider whether any such direction would require such a grant or variation of a licence as would so authorise—

as to derogate from rights which, at the time when the direction in question is given, are protected rights for the purposes of this Chapter.

Subsection (1A) of section 39 above applies in relation to subsection (4) above as it applies in relation to section 39(1) above.

The provisions of sections 39(2) and 40 above shall apply in relation to any appeal under section 43 above as if—

Where the decision on an appeal under section 43 above is that a licence is to be granted or to be varied or revoked, the decision shall include a direction to the appropriate agency, as the case may be—

The decision of the Secretary of State on any appeal under section 43 above shall be final.