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Appeal to High Court
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101. The Act of 2001 is amended by the insertion of the following section after section 39:
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“39A. (1) A relevant person who is aggrieved by a determination of the Commission under section 32(2) may, not later than 3 months after notice has been given under section 32(11), appeal to the High Court against that determination.
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(2) The High Court shall hear and determine an appeal under this section and may make such orders as it considers appropriate.
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(3) The orders that may be made by the High Court on the hearing of an appeal under this section include (but are not limited to) one or more of the following:
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(a) an order affirming the determination, subject to such modifications, if any, as it considers appropriate;
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(b) an order setting aside the determination;
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(c) an order amending the determination;
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(d) an order remitting the determination to the Commission for review in accordance with any directions of the Court;
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(e) such order as to costs as it thinks fit.
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(4) Where the High Court makes an order remitting the determination to the Commission for review under subsection (3)(d), the Commission shall review the determination in accordance with any directions of the Court.
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(5) A decision of the High Court under this section shall be final save that an appeal shall lie to the Court of Appeal on a point of law.
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(6) An appeal under subsection (1) shall not affect the operation of the determination unless, upon an application to the High Court, the Court makes an order staying or otherwise affecting the operation or implementation of the determination pending the hearing of the appeal.
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(7) In this section, ‘relevant person’ means—
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(a) daa, or
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(b) a user within the meaning of section 33(5).”.
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