Electricity Regulation Act, 1999

PART IV

Appeal Panels

Establishment of Appeal Panel.

29.—(1) This section applies to—

(a) a person whose application for a licence or an authorisation is refused.

(b) a person who is a holder of a licence or an authorisation and who wishes to appeal against a decision of the Commission—

(i) to modify the licence or authorisation concerned, other than a modification of a class required by an order made under section 39 or 40 , or

(ii) to refuse to modify the licence or authorisation concerned at the request of the holder of that licence or authorisation.

(2) A person to whom this section applies may, within 28 days of the making of a decision—

(a) to refuse to grant a licence or an authorisation,

(b) to modify a licence or an authorisation, or

(c) to refuse to modify a licence or an authorisation,

request the Minister to establish a panel to be known and in this Act referred to as an “Appeal Panel”.

(3) When requested to establish an Appeal Panel, following consultation with the Competition Authority as to the composition of the Appeal Panel, the Minister shall, within one month, establish an Appeal Panel to consider an appeal made under this section.

(4) An Appeal Panel established under this section shall consist of at least three persons, one of whom shall be appointed by the Minister to be the chairperson of the Appeal Panel.

(5) An Appeal Panel shall have all the powers and duties of the Commission that are necessary to carry out the functions of the Appeal Panel under this Act.

(6) An Appeal Panel shall be independent in the performance of its functions.

(7) The Minister may by order amend or revoke an order made under this section including an order made under this subsection.

(8) All appeals under Part IV of this Act shall be determined within six months.