Fisheries (Amendment) Act 2003

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Right of appeal.

7.—(1) (a) Subject to paragraph (b), a person aggrieved by a decision of a licensing authority on an application for a licence or by the revocation or amendment of a licence may, before the expiration of a period of one month beginning on the date of that decision, revocation or amendment, appeal to an Appeals Officer against that decision, revocation or amendment by serving on the Appeals Officer a notice of appeal which may be withdrawn by serving a notice to that effect.

(b) A person other than the applicant for or holder of the licence concerned may only appeal under paragraph (a) if he or she made representations in writing to the licensing authority before the decision in question was made.

(2) The applicant for or holder of a licence to which an appeal relates shall be a party to the appeal.

(3) The notice of appeal shall—

(a) be in writing and served by registered post or by leaving it at the office of the Appeals Officer, during normal office hours, with a person who is apparently employed by or on behalf of the Appeals Officer,

(b) state the name and address of the appellant,

(c) state the subject matter of the appeal,

(d) if the appellant is not the applicant for or holder of a licence, state the appellant's particular interest in the outcome of the appeal,

(e) state in full the grounds of the appeal and the reasons, considerations and arguments on which they are based,

(f) state whether or not an oral hearing of the appeal is requested, and

(g) be accompanied by such fee, if any, as may be payable in respect of such an appeal (including an oral hearing of such appeal) in accordance with regulations under section 20 ,

and shall be accompanied by such documents, particulars or other information relating to the appeal as the appellant considers necessary or appropriate.

(4) Without prejudice to section 12 (1), an appellant shall not be entitled to elaborate in writing on, or make further submissions in writing in relation to, the grounds of appeal stated in the notice of appeal or to submit further grounds of appeal, and any such elaboration, submissions or further grounds of appeal received by the Appeals Officer shall not be considered by him or her.

(5) Without prejudice to section 14 (1), an Appeals Officer shall not consider any documents, particulars or other information submitted by an appellant other than the documents, particulars or other information which accompanied the notice of appeal.

(6) An Appeals Officer may, in his or her discretion, treat 2 or more appeals as, and the appellants as parties to, a single appeal and may at any time separate such appeals.

(7) This section applies to an appeal made under this section against a decision, made after one month after the passing of this Act, of a licensing authority on an application for a licence or to revoke or amend a licence.

(8) A decision of a licensing authority on an application for a licence or to revoke or amend a licence stands suspended where an appeal against the decision is made under this section until the appeal is determined or withdrawn.