Comhairle Act 2000

F11 [ Appeals.

7C

7C. ... ]

Annotations:

Amendments:

F11

Inserted by Citizens Information Act 2007 (2/2007), s. 5, not commenced as of date of revision.

Modifications (not altering text):

C6

Section inserted by Citizens Information Act 2007 (2/2007), s. 5, not commenced as of date of revision.

F11 [ 7C. (1) Chapters 2 (other than sections 309, 312, 315, 316(3) and 321) and 4 of Part 10 of the Social Welfare Consolidation Act 2005 shall apply to an appeal against a decision of the Director under section 7B in the same manner as they apply to appeals against a decision of a deciding officer under Chapter 1 of that Part, subject to the following and any other necessary modifications:

( a ) in section 304, the insertion of and section 7C (inserted by section 5 of the Citizens Information Act 2007) of the Comhairle Act 2000 after for the purposes of this Act ;

( b ) in section 307, the substitution of references to the Director for references to a deciding officer;

( c ) in section 311

(i) the substitution of the following subsection for subsection (1):

(1) Where any person is dissatisfied with the decision given by the Director, the question shall, on notice of appeal being given, by or on behalf of that person, to the Chief Appeals Officer within the prescribed time, be referred to an appeals officer. ,

and

(ii) in subsection (3)

(I) the deletion of or section 312 ,

(II) the substitution of a reference to the Director for the reference to the deciding officer, and

(III) the deletion of , or the determination of the employee of the Executive, as the case may require, ;

( d ) the substitution of the following section for section 319:

Effect of revised decision by appeals officer.

319. A revised decision given by an appeals officer shall take effect from the date considered appropriate by the appeals officer having regard to the circumstances of the case. ;

( e ) the substitution of the following section for section 320:

Decision of appeals officer to be final and conclusive.

320. The decision of an appeals officer on any question arising under section 7C (inserted by section 5 of the Citizens Information Act 2007) of the Comhairle Act 2000 shall, subject to sections 317, 318 and 327, be final and conclusive. ;

( f ) in section 328, the deletion of a deciding officer or ;

( g ) the substitution of the following section for section 329:

Revision to include revision consisting of reversal.

329. A reference in this Part to a revised decision given by an appeals officer includes a reference to a revised decision which reverses the original decision. ;

and

( h ) the substitution of the following section for section 330:

Regulations.

330. The Minister may make regulations specifying the procedures to be followed by an appeals officer when deciding questions under section 311, including that section as applied by subsection (1) of section 7C (inserted by section 5 of the Citizens Information Act 2007) of the Comhairle Act 2000 . .

(2) References in the provisions of Part 10 of the Social Welfare Consolidation Act 2005 applied by subsection (1) to that Part shall be construed as including references to that Part as so applied. ]