Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023
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Appeal of decisions, etc. under Part 2, Part 4 or Code Regulations | ||
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17. (1) Neither a decision or a requirement of— | ||
(a) the Commission under this Part or Part 4 , or the Code Regulations (other than Regulation 98 and 99), or | ||
(b) the Minister under Regulation 70, 76 or 100 of the Code Regulations, | ||
shall be challenged, including as to its validity, other than by way of an appeal under this section. | ||
(2) For the avoidance of doubt, in respect of a decision or requirement referred to in subsection (1) no proceeding (including an application for judicial review) may be brought before the courts other than an appeal under this section. | ||
(3) A person affected by a decision or a requirement of— | ||
(a) the Commission under this Part or Part 4 , or the Code Regulations (other than Regulation 98 and 99), or | ||
(b) the Minister under Regulation 70, 76 or 100 of the Code Regulations, | ||
(referred to in this section as the “decision”) may, not later than 28 days after the person receives notice of the decision, appeal the decision to the High Court. | ||
(4) Pending the outcome of an appeal, the decision of the Commission or the Minister, as the case may be, shall stand unless on application to the High Court, the Court suspends the application of the decision until the determination of an appeal or its withdrawal. | ||
(5) The respondent to an appeal referred to in subsection(3)(a) shall be the Commission. | ||
(6) The respondent to an appeal referred to in subsection (3)(b) shall be the Minister. | ||
(7) A person that brings an appeal under this section shall, on the same date as it makes such appeal notify the respondent of the fact that it has made the appeal and of the grounds on which it has made the appeal. | ||
(8) The High Court may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, give directions in respect of the conduct of the appeal. | ||
(9) An appellant shall, when making an appeal precisely state all of the grounds in law and fact upon which the appeal is made and shall provide to the Court all of the documents and evidence which it is alleged support the granting of the appeal or upon which the appellant intends to rely to support those grounds. | ||
(10) Subject to subsection (11), a party to an appeal shall not be entitled during the course of an appeal to make submissions to the Court other than submissions related to the grounds stated, or documents and evidence provided under subsection (9). | ||
(11) The Court may, upon application and where it considers it necessary for the fair and proper determination of an appeal, require or permit a party to an appeal to— | ||
(a) make submissions to the Court other than submissions related to the grounds stated or documents and evidence provided under subsection (9), and | ||
(b) provide documents or evidence to the Court other than documents or evidence provided under subsection (9). | ||
(12) Notwithstanding subsection (11), the Court shall refuse to consider submissions, documents or evidence where it considers that— | ||
(a) the submissions, documents or evidence are not relevant to the appeal, or | ||
(b) it is appropriate to do so in order to avoid undue repetition of submissions. | ||
(13) Where the Court has granted leave to deliver additional submissions, documents or evidence on an application under subsection (11), the Court shall give directions as to the scope, form and time-frame for delivery of such additional submissions, documents or evidence. | ||
(14) The Court may receive evidence by oral examination in court, by affidavit, or by deposition taken before an examiner or commissioner. | ||
(15) The Court, on hearing an appeal against a decision, may consider— | ||
(a) whether the jurisdiction existed to make the decision, | ||
(b) whether the law was correctly applied in reaching the decision, or | ||
(c) whether the decision is supported by the evidence including evidence admitted in accordance with subsection (11). | ||
(16) In considering an appeal, the Court shall have regard to— | ||
(a) the record of the decision the subject of the appeal, | ||
(b) the grounds stated by the parties to the appeal, and documents and evidence relied upon by the parties to support those grounds, under subsection (9), and | ||
(c) any submissions, documents or evidence admitted under subsection (11). | ||
(17) The Court may, on the hearing of an appeal against a decision— | ||
(a) confirm the decision, or | ||
(b) where it is satisfied by reference to the grounds of appeal that 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, was made in making the decision, or that the decision was made without complying with fair procedures, annul the decision in its totality or in part, and— | ||
(i) remit the decision for reconsideration by the Commission or the Minister, as the case may be, subject to such directions as the Court considers appropriate, or | ||
(ii) vary the decision and substitute such other decision as the Court considers appropriate. |