Fisheries (Amendment) Act 2003

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Determination of appeals.

16.—(1) An Appeals Officer shall have a discretion to dismiss an appeal where, having considered the grounds of appeal, he or she is of the opinion that the appeal is vexatious, frivolous or without substance or foundation.

(2) Where a notice has been served under section 12 (1) or 14 (1), an Appeals Officer, at any time after the expiration of the period specified in the notice, may having considered all submissions or observations or documents, particulars or other information, as the case may be, submitted by the person on whom the notice has been served, and any comments duly made on any such submissions or observations under section 13 or on any such documents, particulars or other information under section 15 , as the case may be, without further notice to that person, determine the appeal.

(3) (a) Where an Appeals Officer is of the opinion that an appeal, or an application for a licence to which the appeal relates, has been abandoned, he or she may serve on the person who made the appeal or application, as may be appropriate, a notice stating that he or she is of the opinion and requiring the person, within the period specified in the notice (being not less than 14 or more than 28 days beginning on the date of service of the notice) to make to an Appeals Officer a submission in writing as to why the appeal or application should not be regarded as having been withdrawn.

(b) Where a notice has been served under paragraph (a) an Appeals Officer may, at any time after the expiration of the period specified in the notice, and after considering any submissions made to him or her pursuant to the notice, declare—

(i) in a case where the notice refers to an application for a licence, that the application shall be regarded as having been withdrawn, and

(ii) in a case where the notice refers to an appeal, that the appeal shall be regarded as having been withdrawn.

(c) Where under paragraph (b)(i) an Appeals Officer declares that an application for a licence is to be regarded as having been withdrawn—

(i) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by an Appeals Officer, and

(ii) notwithstanding any previous decision relating to the application, no licence shall be granted as a result of the application.

(4) (a) Where an appeal is brought under section 7 (1) and is not withdrawn, an Appeals Officer shall, subject to subsection (5), determine the appeal by—

(i) confirming the decision or action of the licensing authority,

(ii) determining the application for the licence as if the application had been made to an Appeals Officer in the first instance,

(iii) in relation to the revocation or amendment of a licence, substituting his or her decision on the matter for that of the licensing authority.

(b) An Appeals Officer shall not determine an appeal as provided in paragraph (a)(i) except in circumstances referred to in subsection (1), (2) or (3).

(c) The determination under paragraph (a)(ii) or (iii) of an appeal shall annul the decision or action of the licensing authority immediately the determination is made.

(5) Where—

(a) an appeal is brought against a decision to grant or amend a licence,

(b) the appeal relates only to a condition or conditions to which the decision provides the licence shall be subject, and

(c) an Appeal Officer is satisfied, having regard to the nature of the condition or conditions, that the determination by an Appeal Officer of the relevant application as if the application had been made to an Appeals Officer in the first instance would not be warranted,

then the Appeals Officer may, in his or her discretion, deal with the appeal by reference only to the condition or conditions to which the appeal relates, and such other conditions, if any, as he or she considers relevant.

(6) An Appeals Officer shall state the reasons and considerations on which the determination of an appeal is based when—

(a) determining the appeal,

(b) notifying the determination in writing, as hereby required to do, to—

(i) the appellant,

(ii) the licensing authority,

(iii) any other party to the appeal,

(iv) any other person who made a submission or observation under section 10 or 11 or submitted documents, particulars or other information under section 12 , and

(v) any other person who requested notification of the determination,

and

(c) arranging publication of the determination by electronic means, as hereby required to do.