§ 48Q — Appeal from direction or decision of Commission

48Q.—(1) An organisation or a person (including an individual who is a complainant) aggrieved by —(a)

any direction made by the Commission under section 48G(2), 48I(1) or (2) or 48L(4);

(b)

any direction or decision made by the Commission under section 48H(2); or

(c)

any decision made by the Commission under section 48N(6)(b),

may, within the prescribed period, appeal to the Chairperson of the Appeal Panel against that direction or decision.

[40/2020]

(2) An organisation or a person aggrieved by a financial penalty imposed by the Commission under section 48J(1) on the organisation or person may, within the prescribed period, appeal to the Chairperson of the Appeal Panel against the decision to impose the financial penalty or the amount of the financial penalty so imposed.[40/2020]

(3) Where an application for reconsideration has been made under section 48N, every appeal in respect of the same direction or decision which is the subject of the application for reconsideration is deemed to be withdrawn.[40/2020]

(4) Unless the Appeal Committee decides otherwise in any particular case, the making of an appeal under this section does not suspend the effect of the direction or decision to which the appeal relates except in the case of an appeal under subsection (2).[40/2020]

(5) An Appeal Committee hearing an appeal may confirm, vary or set aside the direction or decision which is the subject of the appeal and, in particular, may —(a)

remit the matter to the Commission;

(b)

impose or revoke, or vary the amount of, a financial penalty;

(c)

give any direction, or take any other step, that the Commission could itself have given or taken; or

(d)

make any other direction or decision that the Commission could itself have made.[40/2020]

(6) A direction or decision of an Appeal Committee on an appeal has the same effect, and may be enforced in the same manner, as a direction or decision of the Commission, except that there is to be no application for further reconsideration under section 48N and no further appeal under this section from the direction or decision of the Appeal Committee.[40/2020]

(7) If an Appeal Committee confirms the direction or decision which is the subject of the appeal, it may nevertheless set aside any finding of fact on which the direction or decision was based.[40/2020]

—(1) An organisation or a person (including an individual who is a complainant) aggrieved by —(a)

any direction made by the Commission under section 48G(2), 48I(1) or (2) or 48L(4);

(b)

any direction or decision made by the Commission under section 48H(2); or

(c)

any decision made by the Commission under section 48N(6)(b),

may, within the prescribed period, appeal to the Chairperson of the Appeal Panel against that direction or decision.

[40/2020]

(2) An organisation or a person aggrieved by a financial penalty imposed by the Commission under section 48J(1) on the organisation or person may, within the prescribed period, appeal to the Chairperson of the Appeal Panel against the decision to impose the financial penalty or the amount of the financial penalty so imposed.[40/2020]

(3) Where an application for reconsideration has been made under section 48N, every appeal in respect of the same direction or decision which is the subject of the application for reconsideration is deemed to be withdrawn.[40/2020]

(4) Unless the Appeal Committee decides otherwise in any particular case, the making of an appeal under this section does not suspend the effect of the direction or decision to which the appeal relates except in the case of an appeal under subsection (2).[40/2020]

(5) An Appeal Committee hearing an appeal may confirm, vary or set aside the direction or decision which is the subject of the appeal and, in particular, may —(a)

remit the matter to the Commission;

(b)

impose or revoke, or vary the amount of, a financial penalty;

(c)

give any direction, or take any other step, that the Commission could itself have given or taken; or

(d)

make any other direction or decision that the Commission could itself have made.[40/2020]

(6) A direction or decision of an Appeal Committee on an appeal has the same effect, and may be enforced in the same manner, as a direction or decision of the Commission, except that there is to be no application for further reconsideration under section 48N and no further appeal under this section from the direction or decision of the Appeal Committee.[40/2020]

(7) If an Appeal Committee confirms the direction or decision which is the subject of the appeal, it may nevertheless set aside any finding of fact on which the direction or decision was based.[40/2020]