Appeal to Minister — appellants
25. The persons who may appeal against each type of decision or requirement under Part 4 are listed in the table below:Type of decision or requirement
Appellant
1.
Decision to designate an online service as a designated online service under section 20(1)
The provider of the online service given a notice of that decision under section 20(2).
2.
Decision to give a code application notice to a designated provider under section 22(1)
The designated provider given a code application notice.
3.
A requirement in a code of practice applicable to a designated provider issued under section 21(1) or varied under section 21(2)
The designated provider.
4.
A requirement in an implementation directive given under section 24(1) or a substitute implementation directive given under section 24(5)(b)
The designated provider that is given the implementation directive or substitute implementation directive.
Appeal to Minister
26.—(1) An appellant may appeal to the Minister against a decision or requirement mentioned in section 25 in the manner prescribed.
(2) An appeal under subsection (1) must be made not later than 30 days after —(a)
if the appeal is against a decision to give a code application notice or a requirement in an implementation directive — the date of service of the code application notice or the implementation directive, as the case may be;
(b)
if the appeal is against a decision to designate an online service as a designated online service, or a requirement in a code of practice (or a variation thereof) — the date the designation or requirement in the code or variation thereof (as the case may be) takes effect in respect of the appellant; or
(c)
such longer period as the Minister allows in a particular case (whether allowed before or after the end of the 30 days).
(3) Any person who appeals to the Minister under subsection (1) must —(a)
in the appeal, state as concisely as possible the circumstances under which the appeal arises, and the issues and grounds for the appeal; and
(b)
submit the appeal to the Minister together with all relevant facts, evidence and arguments for the appeal, within the period specified in subsection (2).
(4) Where an appeal has been made to the Minister under subsection (1), the Minister may require any party to the appeal to provide the Minister with such information as the Minister may require, whether for the purpose of deciding if an Appeals Advisory Committee should be established or for determining the appeal, and any person so required must provide the information in such manner and within such period as may be specified by the Minister.
(5) The Minister is not under any duty to hear, consider or determine any appeal if —(a)
the appellant does not comply with subsection (3) or (4); or
(b)
it appears that the bringing of the appeal is or the proceedings of the appeal are frivolous or vexatious.
(6) The decision or requirement appealed against must be complied with until the determination of the appeal.
(7) The Minister may determine an appeal under this section by confirming, varying or cancelling the decision or requirement appealed against.
(8) The decision of the Minister in any appeal is final.
(9) The Minister may make regulations in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section.
Appeals Advisory Committee
27.—(1) The Minister may appoint an Appeals Advisory Committee comprising one or more individuals with suitable experience to provide advice to the Minister with regard to an appeal under section 26.
(2) Before determining an appeal under section 26(7), the Minister may consult the Appeals Advisory Committee in respect of the appeal but, in making the determination, is not bound by such consultation.
(3) The remuneration and allowances (if any) of a member of an Appeals Advisory Committee are to be determined by the Minister.
(4) An Appeals Advisory Committee is independent in the performance of its functions.
