Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

100.

Appeals against decisions of Minister.

100.— (1) In this section, “appealable decision” means a decision of the Minister under—

( a) section 89 to refuse an application for an authorisation,

( b) section 89 , as applied by section 92 , to refuse an application for the renewal of an authorisation,

( c) section 90 to impose conditions on an authorisation,

( d) section 90 , as applied by section 92 , to impose conditions on an authorisation that is renewed,

( e) section 93 to amend an authorisation,

( f) section 97 to revoke an authorisation, or

( g) section 98 to serve a direction on the holder of an authorisation.

(2) A person aggrieved by an appealable decision may, within one month after being served with notice of the decision, serve a notice of the person’s intention to appeal against the decision on the Minister in the form provided or specified by the Minister.

(3) On receipt of the notification, the Minister shall refer the matter to an Appeal Tribunal established under section 101 .

(4) The Appeal Tribunal may invite the person and the Minister to make written submissions to it in relation to the appeal.

(5) The Appeal Tribunal shall notify the person, in writing, of the following matters:

( a) the date and time of the hearing of the appeal;

( b) that the person may attend the hearing;

( c) that the person may be represented at the hearing by a barrister, solicitor or agent.

(6) An Appeal Tribunal may refuse to hear, or continue to hear, an appeal under this section if it is of the opinion that the appeal is vexatious, frivolous, an abuse of process or without substance or foundation.

(7) The Appeal Tribunal shall (unless the appeal is withdrawn, or discontinued or dismissed under subsection (6)) determine the appeal by—

( a) affirming the decision of the Minister to which the appeal relates, or

( b) substituting its determination for that decision.

(8) The Appeal Tribunal shall notify its determination in writing to the Minister and the person appealing.

(9) Within 3 months after the date on which an appeal is determined by an Appeal Tribunal, the Minister or person who appealed may appeal to the High Court on any question of law arising from the determination.

Annotations:

Modifications (not altering text):

C9

Appeal tribunal established for period commencing on 22nd day of May 2013 and ending on 21st day of May 2018 to adjudicate on appeals under section (16.05.2013) by Trust or Company Service Provider Authorisation (Appeal Tribunal) (Establishment) Order 2013 (S.I. No. 167 of 2013), reg. 3.