Regulation of Lobbying Act 2015

23.

Appeals

23. (1) A person aggrieved by a decision of the Commission under section 10(5) , 14 or 22 may appeal against the decision by giving notice to the Commission.

(2) Notice of an appeal shall—

(a) be given within 14 days of the decision concerned,

(b) be in such form as the Commission may require, and

(c) state the reasons for the appeal.

(3) The Minister shall appoint a panel of suitable persons to consider appeals under subsection (1) (in this section referred to as “appeal officers”).

(4) Appeal officers—

(a) shall be appointed to the panel for such period as the Minister may determine,

(b) shall be paid such fees and expenses as the Minister may from time to time determine,

(c) may resign at any time,

(d) shall hold office on such other terms and conditions as the Minister may from time to time determine including such terms and conditions as are likely, in the opinion of the Minister, to secure their independence and impartiality,

(e) may at any time be removed from the panel by the Minister for stated reasons, and

(f) are not civil servants of the Government or civil servants of the State.

(5) Where the Commission receives notice of an appeal under subsection (1) it shall nominate an appeal officer to consider the appeal.

(6) Appeal officers shall be independent and impartial in the carrying out of their functions.

(7) The Minister may prescribe the procedure to be followed in the conduct of appeals.

(8) On an appeal the appeal officer is not confined to considering the grounds on which the Commission’s decision was based but may, after hearing any evidence and considering any submissions that may be made, decide the matter which is the subject of the appeal as if it were being decided for the first time.

(9) The appeal officer shall as soon as practicable, and in any event not later than 14 days after the receipt of notice of the appeal—

(a) confirm the decision appealed against, or

(b) revoke that decision and replace it with such other decision as the appeal officer considers appropriate.

(10) The appeal officer shall give a copy of his or her decision, with the reasons for it, to the appellant and the Commission.

Annotations:

Editorial Notes:

E12

Power pursuant to subs. (7) exercised (1.09.2015) by Regulation of Lobbying Act 2015 (Appeals) Regulations 2015 (S.I. No. 366 of 2015), in effect as per reg. 2.