PART 5Public registers

Appeals in relation to confidentiality53

1

The information subject may give notice of appeal to the appropriate authority against a determination made under regulation 50 within 15 working days after the regulator has given notice of it.

2

A notice of appeal must—

a

be in writing,

b

include a statement of the grounds of appeal,

c

state whether the information subject wishes the appeal to be in the form of a hearing or to be disposed of through written representations, and

d

be copied to the regulator.

3

If the information subject gives notice of appeal, the regulator must not include the information on the public register before the appeal is decided.

4

The appropriate authority—

a

may give the information subject and the regulator an opportunity of appearing before and being heard by a person appointed by it, and

b

must do so in a case where the notice of appeal states that the information subject wishes the appeal to be in the form of a hearing.

5

A hearing under paragraph (4) is subject to paragraphs 5(2) to 5(6) and 6 of Schedule 6 (except paragraph 5(3)(c)) as if it were a hearing under paragraph 5(1) of that Schedule, save that “the appellant” is to be read as “the information subject”.