Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
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Appeal to appeals committee | ||
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50. (1) Any person adversely affected by a decision of the Board under section 31 (4), paragraph (b), (c) or (d) of section 35(3), section 37 (3), paragraph (b), (c) or (d) of section 37 (4), or section 49 (2)(a) may appeal to the appeals committee against the decision not later than 30 days beginning on the date of the notice of that decision (in this section referred to as “the appellant”). | ||
(2) An appeal shall be in writing and specify the decision to which the appeal relates and the grounds on which the appeal rests. | ||
(3) An appeal may be based on either procedural or substantive matters. | ||
(4) An appellant may, at any time before the appeal is heard, withdraw the appeal in whole or in part by notifying the appeals committee in writing of the withdrawal. | ||
(5) A witness at a hearing conducted by the appeals committee has the same immunities and privileges as if he or she were a witness before the High Court. | ||
(6) The chairperson of the appeals committee may— | ||
(a) direct in writing an appellant to attend before the appeals committee on a date and at a time and place specified in the direction, | ||
(b) direct in writing any other person whose evidence the appeals committee may require to attend before the appeals committee on a date and at a time and place specified in the direction and to bring any document in the person’s possession relating to the appeal, | ||
(c) request in writing the Board to produce any documents in its possession relating to the appeal together with its observations on the appeal, and | ||
(d) give any other direction in writing for the purpose of the proceedings that appears to the chairperson to be fair and reasonable. | ||
(7) On the hearing of an appeal under this section, the appeals committee may— | ||
(a) confirm the decision of the Board, subject to any amendment thereof as the appeals committee thinks fit, | ||
(b) remit, for stated reasons and with or without directions, the matter to the Board for reconsideration and the making of a new decision (which new decision may, in the case of a decision of the Board referred to in section 49 (2)(a), be a decision under section 49 (2)(a)(ii) to impose a major sanction), or | ||
(c) substitute its determination for the decision of the Board (which may, in the case of a decision of the Board referred to in section 49 (2)(a), be a decision under section 49 (2)(a)(ii) to impose a major sanction). | ||
(8) Where the appeals committee determines under subsection (7)(c) to impose a major sanction under section 49 (2)(a)(ii), sections 51 to 53 shall, with all necessary modifications, apply to the determination as if it were a decision of the Board to impose a major sanction on the registered person concerned. | ||
(9) The chairperson of the appeals committee shall give notice to— | ||
(a) the appellant, by prepaid registered post, of the decision taken on the appeal, the date on which it was made and the reasons for it, and shall inform the appellant that the appellant may, under section 52 , appeal the decision to the High Court, | ||
(b) the Board of the decision taken on the appeal, the date on which it was made and the reasons for it. |