The Marine Licensing (Appeals Against Licensing Decisions) (Wales) Regulations 2011

PART 6 Final determination of the appeal

Determination of appeals determined by way of written representations

21.—(1) This regulation applies if an appeal is to be determined by way of written representations.

(2) A valid notice of appeal and the documents accompanying it, together with any representations or comments made by the appellant received under regulation 10(1)(b) and (4) within the relevant time limit, comprise the appellant’s representations in relation to the appeal.

(3) The representations made under regulation 10(1)(a) within the relevant time limit, together with any comments made by the Licensing Authority under regulation 10(4) within the relevant time limit, comprise the Licensing Authority’s representations in relation to the appeal.

(4) In determining the appeal, the appointed person may disregard any representation or comment made by the appellant or the Licensing Authority other than the appellant’s representations and the Licensing Authority’s representations as set out in paragraphs (2) and (3).

Determining the appeal — general

22.—(1) On determining an appeal against a decision, the appointed person may—

(a) dismiss the appeal;

(b) allow the appeal and quash the decision in whole or in part;

(c) where the appointed person quashes a decision under sub-paragraph (b), direct the Licensing Authority—

(i) to grant a marine licence; or

(ii) to grant a marine licence on such terms or subject to such conditions as the appointed person may direct.

(2) The appointed person must notify the appellant and the Licensing Authority in writing of the determination.