Electoral Reform Act 2022
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Appeal to District Court from compliance notice | ||
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132. (1) An appeal may be made to a judge of the District Court in the district court district in which the compliance notice under section 131 was served on a person by the Commission under section 131 (1) not later than 7 days from the date on which the compliance notice was served. | ||
(2) An appeal under subsection (1)— | ||
(a) shall be in writing, | ||
(b) shall, subject to subsection (3), state all of the grounds on which the appeal is made and provide all of the documents intended to be relied on to support those grounds, and | ||
(c) shall, as soon as may be after it is made to the District Court, be addressed to and be delivered or sent so as to reach the Commission within the period specified in subsection (1). | ||
(3) An appeal shall be made on one or more of the following grounds only: | ||
(a) that the Commission in making its decision committed a serious and significant error of law or fact, or a series of minor errors of law or fact which when taken together amount to a serious and significant error; | ||
(b) that the Commission did not comply with fair procedures in making its decision. | ||
(4) The Commission shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal. | ||
(5) In determining an appeal of a compliance notice under this section, the judge may— | ||
(a) confirm the notice, | ||
(b) vary the notice on such terms as he or she considers appropriate, or | ||
(c) set aside the notice. | ||
(6) Where the judge of the District Court sets aside the compliance notice under subsection (5)(c) he or she may, as the Court considers appropriate, direct the Commission to— | ||
(a) conduct a fresh investigation under section 130 into the matter (and the provisions of this section shall apply to such an investigation), or | ||
(b) publish in a specified manner notice of the decision of the Court. | ||
(7) If, on appeal, the compliance notice is not set aside, the notice takes effect on the later of the following: | ||
(a) the day after the day on which the notice is confirmed or varied on appeal; | ||
(b) if the appeal is withdrawn by the appellant, the day after the day it is withdrawn; | ||
(c) the day specified in the notice. | ||
(8) If there is no appeal under subsection (1), the compliance notice takes effect on the day specified in the notice. | ||
(9) If there is no appeal under subsection (1), or if the compliance notice is confirmed or varied on appeal, the Commission may publish, in such manner as it thinks fit, notice of the issuing of the compliance notice or the notice as so varied by the Court under subsection (5)(b), to the person including the giving of any advice on the conduct of the person which is giving rise or has given rise to the contravention. | ||
(10) There shall be no appeal to the Circuit Court from a decision of the District Court under this section. |