Broadcasting Act 2009

195

F330[Review of refusal of certification or revocation of certification.

195. (1) Where

(a) an application for certification as an out-of-court dispute settlement body is refused by the Commission under section 193(3)(b), or

(b) the certification of an out-of-court dispute settlement body is proposed to be revoked by the Commission under section 194, the body may, within 14 days from the date of the notification under section 193(4) or 194(1), request in writing a review (in this section referred to as a review request) of such refusal or proposed revocation in the manner and form specified by the Commission.

(2) The review request shall state the grounds on which the body or out of-court dispute settlement body making the request seeks a review of the refusal or proposed revocation, 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 or revoke the designation and may recommend to the Commission that

(a) the decision should be affirmed, or

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

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

Annotations

Amendments:

F330

Inserted (17.02.2024) by Digital Services Act 2024 (2/2024), s. 41, S.I. No. 53 of 2024.