Electoral Reform Act 2022

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Chapter 4

Procedural rights

Appeal to appeal panel

161. (1) The Commission shall, from time to time, establish an appeal panel which shall be comprised of one or more members of the Commission and shall be independent of the original decision-maker.

(2) (a) An appeal may be made to an appeal panel in respect of any notice or order issued pursuant to sections 153 , 154 , 155 , 156 or 157 , not later than 5 days from the date on which the notice or order was issued, but the making of an appeal shall not, pending the outcome of the appeal, affect the operation of the notice or order, unless the appeal panel otherwise directs.

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

(i) any natural or legal person directly affected by the notice or order, or

(ii) an online platform.

(c) No appeal shall be accepted unless it has been submitted by a natural person (whether on their own behalf or on behalf of a named legal person), and such natural person shall provide such information as may be specified by the Commission.

(3) An appeal under subsection (2)—

(a) shall be in writing, made through a portal provided on the Commission’s website for that purpose,

(b) shall state all of the grounds on which the appeal is made and provide to the appeal panel 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 appeal panel and be delivered or sent so as to reach the chairperson within the period specified in subsection (2).

(4) The appeal panel 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.

(5) The Commission 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.

(6) An appeal under this section shall be heard by the appeal panel or by such specified member or members of the appeal panel as may be assigned by the appeal panel to hear the appeal.

(7) The appeal panel 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.

(8) The appeal panel, in determining an appeal under this section—

(a) shall consider the grounds for the appeal stated pursuant to subsection (3)(b),

(b) shall consider the notice or order, and any such other information in connection with the notice or order as, in the opinion of the appeal panel, 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 notice or order as the appeal panel considers appropriate.

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

(a) confirm the notice or order,

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

(c) cancel the notice or order.

(10) If, on appeal, the appeal panel varies the notice or order, the notice or order as so varied takes effect immediately on the determination of the appeal.

(11) The appeal panel 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.

(12) The appeal panel 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.

(13) It shall be an offence to submit an appeal in the name of another person or in a false name, or on behalf of a company absent the consent of the directors of that company (or as may be provided for in the company’s constitution).

(14) An appeal shall be heard and determined as soon as is practicable.