Property Services (Regulation) Act 2011

70.

Appeal to High Court against decision to impose major sanction.

70.— (1) A licensee the subject of a decision under section 68(4)(a) by the Authority to impose a major sanction on the licensee may, not later than 30 days from the date the licensee received the notice under section 68(7) of the decision, appeal to the High Court against the decision.

(2) The High Court may, on the hearing of an appeal under subsection (1) by a licensee, consider any evidence adduced or argument made, whether or not adduced or made to an inspector or the Authority.

(3) Subject to subsection (4), the High Court may, on the hearing of an appeal under subsection (1) by a licensee—

( a) either—

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

(ii) cancel that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—

(I) to do either or both of the following:

(A) impose a different major sanction on the licensee;

(B) impose a minor sanction on the licensee,

or

(II) to impose neither a major sanction nor a minor sanction on the licensee,

and

( b) whether paragraph (a)(i) or (ii) is applicable, make such order as to costs as it thinks fit in respect of the appeal.

(4) The High Court shall, for the purposes of subsection (3)(a)(i) or (ii)(I), take into consideration the matters referred to in section 73 .