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The Marine Licensing (Licence Application Appeals) Regulations 2011

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Marine Licensing (Licence Application Appeals) Regulations 2011 No. 934

PART 6Final determination of the appeal

Determination of appeals determined by way of written representations

21.—(1) This regulation applies if an appeal is to be determined by way of written representations.

(2) A valid notice of appeal and the documents accompanying it, together with any representations or comments made by the appellant under regulation 10(1)(b) or (4), comprise the appellant’s representations in relation to the appeal.

(3) The representations received under regulation 10(1)(a), together with any comments made by the Authority under regulation 10(4), comprise the Authority’s representations in relation to the appeal.

(4) The appointed person may determine an appeal taking into account only such representations as have been sent within the relevant time limits.

Determining the appeal – general

22.—(1) On determining an appeal against a decision, the appointed person may—

(a)dismiss the appeal;

(b)allow the appeal and quash the decision in whole or in part;

(c)where the appointed person quashes a decision under sub-paragraph (b), direct the Authority—

(i)to grant a marine licence, or

(ii)to grant a marine licence on such terms or subject to such conditions as the appointed person may direct.

(2) The appointed person must notify the appellant and the Authority in writing of the determination.

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