§ 23 — Reconsideration by Minister of authorisation

23.—(1) Where any Part 3 direction is given by the competent authority pursuant to an authorisation under section 20(1), 21(1) or 22(1)(b), the person to whom the direction is given may apply to the Minister for reconsideration of the authorisation and any of the Part 3 directions specified in that authorisation. (2) An application under subsection (1) by a person to whom a Part 3 direction is given must be made —(a)

in a prescribed manner; and

(b)

before the expiry of the time specified in the Part 3 direction, being a time not later than the 30th day after the direction was given.

(3) Upon receiving an application under subsection (1) for reconsideration, the Minister may —(a)

wholly cancel the authorisation under section 20(1), 21(1) or 22(1)(b), and every Part 3 direction specified in the authorisation, if the Minister is of the opinion that it is not in the public interest that the authorisation and such direction continue;

(b)

substitute the authorisation under section 20(1), 21(1) or 22(1)(b), which is the subject of the application (called the initial authorisation), with another authorisation that the Minister might have made under section 20 or 21; or

(c)

affirm the initial authorisation and every Part 3 direction specified in the initial authorisation.

(4) Sections 20 and 21 apply in the making of a decision under subsection (3).

(5) When a substitute authorisation is made by the Minister under subsection (3)(b), the competent authority must immediately give the Part 3 direction or directions specified in the substitute authorisation in the same manner required under sections 20 and 21.

(6) When an initial authorisation is cancelled by the Minister under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute authorisation is made under subsection (3)(b), the Minister must give notice (as the case may be) of —(a)

the cancellation or affirmation (as the case may be) to every person given a Part 3 direction under the initial authorisation; or

(b)

the making of a substitute authorisation to the person who applied for reconsideration of the initial authorisation.

—(1) Where any Part 3 direction is given by the competent authority pursuant to an authorisation under section 20(1), 21(1) or 22(1)(b), the person to whom the direction is given may apply to the Minister for reconsideration of the authorisation and any of the Part 3 directions specified in that authorisation.

(2) An application under subsection (1) by a person to whom a Part 3 direction is given must be made —(a)

in a prescribed manner; and

(b)

before the expiry of the time specified in the Part 3 direction, being a time not later than the 30th day after the direction was given.

(3) Upon receiving an application under subsection (1) for reconsideration, the Minister may —(a)

wholly cancel the authorisation under section 20(1), 21(1) or 22(1)(b), and every Part 3 direction specified in the authorisation, if the Minister is of the opinion that it is not in the public interest that the authorisation and such direction continue;

(b)

substitute the authorisation under section 20(1), 21(1) or 22(1)(b), which is the subject of the application (called the initial authorisation), with another authorisation that the Minister might have made under section 20 or 21; or

(c)

affirm the initial authorisation and every Part 3 direction specified in the initial authorisation.

(4) Sections 20 and 21 apply in the making of a decision under subsection (3).

(5) When a substitute authorisation is made by the Minister under subsection (3)(b), the competent authority must immediately give the Part 3 direction or directions specified in the substitute authorisation in the same manner required under sections 20 and 21.

(6) When an initial authorisation is cancelled by the Minister under subsection (3)(a) or affirmed under subsection (3)(c), or a substitute authorisation is made under subsection (3)(b), the Minister must give notice (as the case may be) of —(a)

the cancellation or affirmation (as the case may be) to every person given a Part 3 direction under the initial authorisation; or

(b)

the making of a substitute authorisation to the person who applied for reconsideration of the initial authorisation.