Electricity Regulation Act 1999

62

F454[Appeal to High Court against decision to impose major sanction

62.(1) A specified body, the subject of a decision under section 60(2)(a) to impose a major sanction, may, not later than 30 days from the date the specified body received the notice under section 60(5), appeal to the High Court against the decision.

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

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

(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 specified body;

(b) impose a minor sanction on the specified body,

or

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

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 65.]

Annotations

Amendments:

F454

Inserted (28.04.2017) by Energy Act 2016 (12/2016), s. 5, S.I. No. 171 of 2017.