Electoral Reform Act 2022

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Appeal to Board from direction

134. (1)(a) An appeal may be made to the Board in respect of a direction given by the chief executive under section 133 (1) not later than 3 days from the date on which the direction was served, but the making of an appeal shall not, pending the outcome of the appeal, affect the operation of the direction, unless the Board otherwise directs.

(b) An appeal under paragraph (a) may be made by—

(i) the online platform, or

(ii) where the direction materially affects the placement, display, promotion or dissemination of an online political advertisement on the online platform, the buyer of the online political advertisement concerned.

(c) Where an appeal is made by—

(i) an online platform as provided for by paragraph (b)(i), the buyer of the online political advertisement shall be entitled to make submissions to, and if an oral hearing is conducted, to be heard by, the Board in relation to the matters the subject of the appeal, or

(ii) a buyer of an online political advertisement as provided for by paragraph (b)(ii), the online platform on which the online political advertisement concerned is placed, displayed, promoted or disseminated shall be entitled to make submissions to, and if an oral hearing is conducted, to be heard by, the Board in relation to the matters the subject of the appeal.

(2) An appeal under subsection (1)—

(a) shall be in writing,

(b) shall state all of the grounds on which the appeal is made and provide to the Board all of the documents and evidence intended to be relied on to support those grounds, and

(c) shall be addressed to the chairperson of the Board and be delivered or sent so as to reach the chairperson within the period specified in subsection (1).

(3) The Board shall determine an appeal without an oral hearing unless, having regard to the particular circumstances of the appeal, it considers that it is necessary to conduct an oral hearing in order to properly and fairly determine the appeal.

(4) The Board may make such rules and establish such procedures in relation to the conduct of appeals and oral hearings as it considers appropriate and shall publish those rules and procedures on a website maintained by or on behalf of the Commission.

(5) The chairperson of the Board shall have discretion as to the conduct of an oral hearing under this section and shall conduct the hearing or ensure that the hearing is conducted expeditiously and without undue formality.

(6) The Board, in determining an appeal under this section—

(a) shall consider the grounds for the appeal stated pursuant to subsection (2)(b),

(b) shall consider the online political advertisement or its accompanying transparency notice, or both, and any such other information in connection with the online political advertisement or its accompanying transparency notice as, in the opinion of the Board, may be relevant to its determination, and

(c) may, where it considers it necessary or expedient for the fair and proper determination of the appeal, have regard to such submissions, documents or evidence not contained in the direction as the Board considers appropriate.

(7) In determining an appeal under this section, the Board may, if satisfied that it is reasonable to do so—

(a) confirm the direction,

(b) vary the direction on such terms as it considers appropriate, or

(c) cancel the direction.

(8) If, on appeal, the Board varies the direction, the direction as so varied takes effect immediately on the determination of the appeal.

(9) The Board may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, specify procedures in respect of the conduct of the appeal.

(10) The Board may request in writing information from any person within the period specified in the request as it may reasonably require for the purposes of the performance of its functions under this section.

(11) An appeal under this section shall be heard by the Board or by such specified member or members of the Board as may be appointed by the Board to hear the appeal.

(12) An appeal under this section shall be heard and determined as soon as is practicable.

(13) Nothing in this section shall operate to prevent the Board providing information to the chief executive for the purpose of the performance by him or her of his or her functions under section 133 .