Gambling Regulation Act 2024
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Application to Appeals Panel and determination of appeal by appeals officer or Appeals Board | ||
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225. (1) An appeal shall— | ||
(a) subject to subsection (2), be made to the Appeals Panel by the appellant not later than 14 days from the date the decision giving rise to the appeal is notified to the appellant, | ||
(b) be in such form, and accompanied by such information and documentation, as may be prescribed by the Minister under section 226 , and | ||
(c) if applicable, be accompanied by such fee as may be prescribed by the Authority under section 38 . | ||
(2) The chairperson of the Appeals Panel may accept an appeal outside the 14 day period referred to in subsection (1)(a) where he or she is satisfied in the particular circumstances that it is in the interests of justice to do so. | ||
(3) An appellant shall serve a copy of the appeal and the information and documentation accompanying the appeal on the Authority within 7 days of making the appeal to the Appeals Panel. | ||
(4) Upon receipt by the Appeals Panel of an appeal, the chairperson of the Panel shall appoint either— | ||
(a) one member of the Panel (in this Act referred to as an “appeals officer”) to determine the appeal, or | ||
(b) where he or she considers it necessary and appropriate given the nature of the appeal, 3 members of the Panel (in this Act referred to as an “Appeals Board”) to determine the appeal. | ||
(5) Where an Appeals Board is appointed under subsection (4)(b), the chairperson of an Appeals Board shall be appointed by the chairperson of the Appeals Panel from among the members of the Board and the chairperson of that Board shall regulate the procedure of that Board. | ||
(6) An appeals officer or Appeals Board may refuse to hear an appeal where, in the opinion of the officer or of the Board, the appeal lodged is not made in good faith or is frivolous or vexatious. | ||
(7) An appeals officer or Appeals Board may request, in writing, a party to an appeal or any other person to furnish information to the officer or the Board, as the case may be, where he, she or it considers the information necessary for the purposes of determining an appeal and the party or other person so requested shall furnish the information within such period as is specified in the request. | ||
(8) An appeals officer or Appeals Board may hold such hearings as he, she or it considers necessary for the purpose of determining an appeal. | ||
(9) Each of the parties to an appeal is entitled to be heard at the hearing and to present evidence to the appeals officer or Appeals Board, as the case may be. | ||
(10) An appeals officer or Appeals Board may adjourn the hearing of a matter until a date specified by the appeals officer or Appeals Board, as the case may be. | ||
(11) Where an Appeals Board is appointed under subsection (4)(b), a decision by a majority of the members of an Appeals Board shall suffice for any purpose. | ||
(12) In determining an appeal, the appeals officer or Appeals Board may— | ||
(a) refuse the appeal, | ||
(b) where the appeal is made in respect of a determination under section 41 or a decision under section 114 (5), 117 , 122 or 128 , allow the appeal in whole or in part, | ||
(c) where the appeal is made in respect of a decision under section 120 or 121 , allow the appeal and direct the Authority to grant or renew the licence, as the case may be, under the section concerned, or | ||
(d) where the appeal is made under section 223 (1)(b), allow the appeal— | ||
(i) in so far as it relates to the finding that a relevant obligation has been or is being contravened, | ||
(ii) where applicable, in respect of the advice, caution, warning or reprimand, as the case may be, or | ||
(iii) in respect of both the finding and the advice, caution, warning or reprimand concerned. | ||
(13) An appeals officer or Appeals Board, as the case may be, shall communicate his, her or its determination under subsection (12) to the appellant, the Authority and the Appeals Panel. | ||
(14) The Authority shall comply with a direction given to it under subsection (12)(c) and shall notify the appellant as soon as practicable after it does so. | ||
(15) An appeals officer and an Appeals Board shall be independent in the performance of their functions. |