Prospective

extent U.K. + Investigations and enforcementU.K.

16extent U.K. + Appeals against noticesU.K.

section 16 1 + (1)A person who is given a compliance notice or a restriction notice may appeal to the tribunal against the notice or a variation of the notice.

section 16 2 + (2)An appeal under this section must be brought before the end of the period of 28 days beginning with—

section 16 2 a + (a)the day on which the notice is given, or

section 16 2 b + (b)if the appeal is in respect of a variation of the notice, the day on which notice of the variation is given.

section 16 3 + (3)On an appeal under this section—

section 16 3 a + (a)if the tribunal is satisfied that any of the grounds in subsection (4) applies, it may vary or cancel the notice;

section 16 3 b + (b)if the tribunal is not so satisfied, it must dismiss the appeal.

section 16 4 + (4)The grounds referred to in subsection (3)(a) are that the decision to give or vary the notice was—

section 16 4 a + (a)based, wholly or partly, on an error of fact;

section 16 4 b + (b)wrong in law;

section 16 4 c + (c)unfair or unreasonable for any other reason.

section 16 5 + (5)In determining an appeal under this section, the tribunal may—

section 16 5 a + (a)review any determination of fact on which the decision to give or vary the notice was based;

section 16 5 b + (b)take into account evidence which was not available to the Security Industry Authority.

section 16 6 + (6)Where an appeal in respect of a compliance notice is made under this section, the notice or variation (as the case may be) is of no effect until the appeal is determined or withdrawn unless the tribunal orders otherwise.

section 16 7 + (7)Where an appeal in respect of a restriction notice is made under this section, the tribunal may order that the notice or variation (as the case may be) is of no effect until the appeal is determined or withdrawn.