Interpretation of this Part
43. In this Part, unless the context otherwise requires —“appealable decision” means any of the following decisions of the LTA:(a)
a decision refusing the grant of a licence under section 13 or 19;
(b)
any decision under section 15 or 21 imposing a condition in a licensee’s licence, as the case may be;
(c)
any modification under section 16 or 22 of a condition in a licensee’s licence;
(d)
a refusal of consent under section 17 or 23 to a transfer or assignment of a licence;
(e)
a decision under section 35(1) to revoke a licence;
(f)
a decision under section 35(2) to impose a regulatory action against a licensee;
(g)
a direction under section 31, except a direction described in section 31(3);
“appellant” means any of the following in relation to the following appealable decisions:(a)
an applicant for the grant of a licence, where the appealable decision is within paragraph (a) of the definition of “appealable decision”;
(b)
a licensee, where the appealable decision is within paragraphs (b), (c), (d), (f) and (g) of the definition of “appealable decision”;
(c)
a licensee or former licensee, where the appealable decision is within paragraph (e) of the definition of “appealable decision”;
“Minister of State” means a Minister of State or Senior Minister of State assisting the Minister on matters within the purposes of this Act;
“Parliamentary Secretary” includes a Senior Parliamentary Secretary appointed to assist the Minister in the discharge of the Minister’s duties and functions under this Act;
“Second Minister” means the Second Minister to the Minister, if any.
Appeal to Minister
44.—(1) An appellant who is aggrieved by an appealable decision may appeal to the Minister against the decision in accordance with this section.
(2) An appeal under this section must be in writing and specify the grounds on which it is made, and be made —(a)
for an appealable decision under section 16 or 22 about the modification of a condition in a licence, within 28 days after the date the decision appealed against is served; and
(b)
for any other appealable decision, within 14 days after the date the decision appealed against is served.
(3) The Minister may reject an appeal of an appellant who fails to comply with subsection (2).
(4) After considering an appeal, the Minister may —(a)
reject the appeal and confirm the LTA’s decision; or
(b)
allow the appeal and substitute or vary the LTA’s decision.
(5) The Minister’s decision on an appeal is final.
(6) Every appellant must be notified of the Minister’s decision under subsection (4).
(7) An appeal against an appealable decision does not affect the operation of the decision appealed against or prevent the taking of action to implement the decision, and unless otherwise directed by the Minister under this subsection, the decision appealed against must be complied with until the determination of the appeal.
Designation of others to hear appeals
45. The Minister may designate a Second Minister, Minister of State or Parliamentary Secretary to hear and determine, in the Minister’s place, any appeals or a specific appeal under section 44; and any reference in that section to the Minister includes a reference to the Second Minister, Minister of State or Parliamentary Secretary so designated for that appeal.
