189.— (1) Where—

(a) an application for designation is refused by the Commission under section 187(5)(b), or

(b) the data access of a vetted researcher is proposed to be terminated by the Commission under section 188,

the applicant or the vetted researcher may, within 14 days from the date of the service of the notification under section 187(6) or 188(2), request in writing a review (in this section referred to as a ‘review request’) of such refusal or proposed termination in the form and manner specified by the Commission.

(2) The review request shall state the grounds on which the person making the request seeks a review of the refusal or proposed termination, as the case may be.

(3) The Commission shall, upon receipt of the review request, appoint an independent person (in this section referred to as a “reviewer”) to carry out a review in accordance with this section.

(4) The reviewer shall, as soon as is practicable after being appointed, review the decision to refuse the application or the proposal to terminate the data access and may recommend to the Commission that—

(a) the decision should be affirmed, or

(b) the decision should be set aside and the Commission reconsider the decision.

(5) The reviewer shall, within 14 days of making a recommendation under subsection (4), notify the person who made the review request, of the recommendation and the reasons for it.]