Prospective

Investigations and enforcementU.K.

16Appeals against noticesU.K.

(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.

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

(a)the day on which the notice is given, or

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

(3)On an appeal under this section—

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

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

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

(a)based, wholly or partly, on an error of fact;

(b)wrong in law;

(c)unfair or unreasonable for any other reason.

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

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

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

(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made under this section, the notice or variation (as the case may be) is of no effect until the appeal is determined or withdrawn unless the tribunal orders otherwise.

(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tribunal may order that the notice or variation (as the case may be) is of no effect until the appeal is determined or withdrawn.