Nursing Homes Support Scheme Act 2009

32.

Appeals against certain decisions of Executive.

32.— (1) Subject to subsection (2), a person (“the appellant”) aggrieved by a decision of the Executive referred to in section 7(8) , 9(3) , 10(7) , 11(1), 16, 30(4) , 31(2) or 31(5) may appeal against the decision by giving the Executive a notice—

( a) in the specified form stating the reasons for the appeal, and

( b) not later than 40 working days after notice of the decision was given to the appellant under section 7(9) , 9(4) , 10(8) , 11(3) , 16(16) , 30(8) , 31(3) or 31(6) respectively.

(2) ( a) The Executive, with the consent of the Minister, shall appoint a panel of suitable persons to consider appeals received under subsection (1).

( b) Where the Executive receives an appeal under subsection (1) , it shall appoint a suitable person from the panel referred to in paragraph (a) to consider the appeal.

(3) The person appointed pursuant to subsection (2) to consider an appeal under subsection (1) shall—

( a) be independent in the performance of the person’s functions under this Act as a person so appointed,

( b) not be confined to the grounds on which the decision of the Executive was based, but may decide the matter which is the subject of the appeal as if it were being decided for the first time,

( c) subject to paragraph (a) , comply with guidelines issued by the Executive under section 35 in respect of the procedure to be followed with respect to the consideration of any appeal,

( d) consider any written or oral objections made by the appellant in support of the appeal,

( e) make a decision (“relevant decision”) in writing determining the appeal, which may be a decision to—

(i) confirm the decision the subject of the appeal,

(ii) revoke that decision and replace it with such other decision as the person thinks appropriate, or

(iii) refer the matter concerned back to the Executive for reconsideration in accordance with such directions as the person thinks appropriate,

( f) send a copy of the relevant decision to the appellant and the Executive together with the person’s reasons for the relevant decision, and

( g) give the Executive such directions as the person thinks appropriate.

(4) A person (including the Executive) aggrieved by the relevant decision may appeal to the High Court against the decision on a point of law.

(5) An appeal under subsection (4) shall, where the appellant so requests, be heard otherwise than in public.

(6) The Executive shall, on complying with any direction given under subsection (3)(e)(iii) or (g), give notice in writing to the appellant concerned of the Executive’s compliance with the direction.

(7) A reference in this section to a decision made by the Executive includes a determination and refusal made by the Executive.