§ 49 — Appeals to Minister

49.—(1) Any digital advertising intermediary or internet intermediary who is aggrieved by anything contained in a code of practice may appeal to the Minister.(2) An appeal under this section —(a)

must be in writing;

(b)

must specify the grounds on which it is made; and

(c)

must be made within 14 days after the date the code of practice or (if the appeal is against a variation of the code) the variation takes effect, or such longer period as the Minister may allow in the appellant’s case.

(3) The Minister may require —(a)

any party to the appeal; or

(b)

any person who is not a party to the appeal but appears to the Minister to have any information or document that is relevant to the appeal,

to provide the Minister with such information or document as the Minister may require for the purpose of considering and determining the appeal; and any person so required to provide the information or document must provide it in such manner and within such period as may be specified by the Minister.

(4) The Minister may reject the appeal if the appellant does not comply with subsection (2) or (3).

(5) The appeal does not affect the operation of the relevant part of the code of practice unless otherwise directed by the Minister in any particular case.

(6) The Minister may determine the appeal by confirming, varying or reversing the relevant part of the code of practice, and the Minister’s decision is final.

(7) Regulations may be made under section 62 for the manner in which an appeal may be made to the Minister under this section and the procedure to be adopted in hearing such appeals.

—(1) Any digital advertising intermediary or internet intermediary who is aggrieved by anything contained in a code of practice may appeal to the Minister.

(2) An appeal under this section —(a)

must be in writing;

(b)

must specify the grounds on which it is made; and

(c)

must be made within 14 days after the date the code of practice or (if the appeal is against a variation of the code) the variation takes effect, or such longer period as the Minister may allow in the appellant’s case.

(3) The Minister may require —(a)

any party to the appeal; or

(b)

any person who is not a party to the appeal but appears to the Minister to have any information or document that is relevant to the appeal,

to provide the Minister with such information or document as the Minister may require for the purpose of considering and determining the appeal; and any person so required to provide the information or document must provide it in such manner and within such period as may be specified by the Minister.

(4) The Minister may reject the appeal if the appellant does not comply with subsection (2) or (3).

(5) The appeal does not affect the operation of the relevant part of the code of practice unless otherwise directed by the Minister in any particular case.

(6) The Minister may determine the appeal by confirming, varying or reversing the relevant part of the code of practice, and the Minister’s decision is final.

(7) Regulations may be made under section 62 for the manner in which an appeal may be made to the Minister under this section and the procedure to be adopted in hearing such appeals.