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Functions of Appeal Panel.
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30.—(1) An Appeal Panel shall hear and determine an appeal against—
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(a) a refusal to grant a licence or an authorisation,
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(b) a modification, or
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(c) a refusal to modify a licence or an authorisation,
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and shall specify, on notice to the Commission and the appellant, the date on which the appeal shall be heard.
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(2) An Appeal Panel shall have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action in respect of—
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(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and
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(b) the compelling of the production of documents.
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(3) A summons signed by the chairperson of the Appeal Panel or by such other member of the Appeal Panel as may be authorised by the Appeal Panel may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.
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(4) Where a person—
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(a) being duly summoned to attend before an Appeal Panel makes a default in attending,
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(b) being in attendance as a witness before an Appeal Panel refuses to take an oath lawfully required by that Panel to be taken or to produce any document in his or her power or control lawfully required by that Appeal Panel to be produced by him or her or to answer any question to which the Appeal Panel may lawfully require an answer, or
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(c) being in attendance before an Appeal Panel does anything which, if the Appeal Panel were a court of law having power to commit for contempt, would be contempt of court,
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that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.
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(5) A witness before an Appeal Panel shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.
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(6) An Appeal Panel may confirm the refusal to grant a licence or an authorisation or may direct the Commission to grant a licence or an authorisation with or without conditions laid down by the Appeal Panel and where such a direction is made the Commission shall, in accordance with the decision of the Appeal Panel, grant the licence or authorisation, subject to such conditions as may be specified by the Commission which are not inconsistent with the decision of the Appeal Panel.
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(7) In the case of a modification of a licence or an authorisation, the Appeal Panel may either confirm the modification or direct the Commission not to make it.
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(8) In the case of a refusal to modify a licence or an authorisation, the Appeal Panel may either confirm the decision of the Commission or may direct the Commission to modify the licence or authorisation.
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(9) The Appeal Panel shall notify the persons concerned of its decision in respect of an appeal under this section.
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