Control of Exports Act 2023

Decision of adjudicator

45. (1) Following consideration of an appeal under section 43 , an adjudicator shall—

(a) where the adjudicator is satisfied that a serious or significant error was, or a series of errors were, made in making the decision to which the appeal relates, or that the decision was made without complying with this Act or with fair procedures, allow the appeal and remit the matter, for stated reasons, to the Minister to determine the matter—

(i) with a direction to make such determination taking into account the findings of the adjudicator, and

(ii) within such period, not being more than 30 days from the date on which the notice under subsection (2) is given, as the adjudicator may direct,

or

(b) where the adjudicator is not so satisfied, affirm the decision to which the appeal relates.

(2) An adjudicator shall give notice of his or her decision under this section, as soon as practicable after it is made, to the Minister, the appellant and such other parties as the adjudicator may determine.

(3) The decision of the adjudicator under this section shall be final save that an appeal from that decision may be made in accordance with section 50 .