PART 5ENFORCEMENT OF STANDARDS
CHAPTER 5APPEALS BY THE COMPLAINANT
Appeals against a determination that D has not failed to comply with a standard
I199Right of appeal by P
1
This section applies if—
a
a person (P) makes a complaint under section 93,
b
the Commissioner undertakes an investigation under section 71 following the complaint, and
c
the Commissioner determines that D has not failed to comply with a standard.
2
P may appeal to the Tribunal on the grounds that D did fail to comply with the standard.
3
An appeal under this section must be made before the end of the relevant 28 day period.
4
But the Tribunal may, on a written application by P, allow an appeal to be made after the end of that period if the Tribunal is satisfied that there is a good reason—
a
for the failure to appeal before the end of that period, and
b
if there has been any delay in applying for permission to appeal out of time, for that delay.
5
An application under subsection (4) may be made before or after the end of the relevant 28 day period.
6
The Tribunal must notify P and the Commissioner of its decision on an appeal made under this section.
7
This section is subject to Tribunal Rules (which may, amongst other things, make provision about the manner in which appeals under this section may be brought).
8
In this Chapter “relevant 28 day period” means the period of 28 days beginning with the day on which the Commissioner gives P the decision notice in relation to the investigation.