Screening of Third Country Transactions Act 2023

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Procedure for appeal of screening decisions

27. (1) A party to a transaction in relation to which a screening decision has been made (in this section referred to as an “appellant”) may appeal either or both of the following decisions in accordance with this section:

(a) the screening decision;

(b) a decision under section 16 (5).

(2) An appellant shall notify the Minister in writing and in such form as the Minister may specify that the appellant is appealing a decision referred to in subsection (1) no later than 30 days after being notified of the decision.

(3) The Minister shall, as soon as practicable after receiving a notification under subsection (2)—

(a) designate an adjudicator or adjudicators from amongst the panel referred to in section 22 (1)(b) to hear the appeal, and

(b) notify the appellant of the adjudicator or adjudicators so designated.

(4) An appellant shall—

(a) submit its appeal to the adjudicator within 14 days of the date on which the notification under subsection (3) is provided,

(b) in submitting its appeal, state all of the grounds upon which the appeal is made and provide to the adjudicator all of the documents and evidence upon which the applicant intends to rely to support those grounds, and

(c) subject to this Act, and to any rules prescribed under section 25 , submit the appeal in such manner or subject to such conditions as the adjudicator may direct.

(5) The Minister shall—

(a) be the respondent to an appeal, and

(b) subject to section 30 , when responding to an appeal, state all of the grounds upon which the appeal is responded to and provide to the adjudicator all of the documents and evidence upon which the Minister intends to rely to support those grounds.

(6) Subject to subsection (7), a party to an appeal shall not be entitled, during the course of an appeal, to make submissions to the adjudicator other than submissions related to the grounds stated, or documents and evidence provided under, subsection (4) or (5), as the case may be.

(7) The adjudicator may, where it considers it necessary or expedient for the fair and proper determination of an appeal, require or permit a party to an appeal to—

(a) make submissions to the adjudicator other than submissions related to the grounds stated or documents and evidence provided under subsection (4) or (5), as the case may be, or

(b) provide documents or evidence to the adjudicator other than documents or evidence provided under subsection (4) or (5), as the case may be.

(8) The adjudicator may refuse to consider a submission, document or evidence where the adjudicator considers that—

(a) the submission, document or evidence is not relevant to the appeal, or

(b) it is appropriate to do so in order to avoid undue repetition of submissions.

(9) Making an appeal under this section does not suspend or otherwise alter the effect of the screening decision to which the appeal relates pending the decision of the adjudicator.