Qualifications and Quality Assurance (Education and Training) Act 2012

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Determination of appeal by Appeals Board.

69.— (1) An appeal—

(a) shall be lodged with the Appeals Panel within the time provided for by procedures prescribed under section 70 , and

(b) shall state the grounds for the appeal.

(2) An appeal shall be accompanied by such fee (if any) as may be determined by the Authority under section 80 .

(3) Upon receipt by the Appeals Panel of an appeal, an Appeals Board of 3 persons shall be appointed by the chairperson of the Appeals Panel from among the members of the Panel to determine the appeal.

(4) The chairperson of an Appeals Board shall be appointed by the chairperson of the Appeals Panel from among the members of the Board and that chairperson shall regulate the procedure of the Board.

(5) An Appeals Board may refuse to hear an appeal where, in the opinion of the Board, the appeal lodged is not made in good faith or is frivolous or vexatious.

(6) An Appeals Board may hold such hearings as it considers necessary for the purpose of determining an appeal.

(7) Each of the parties to an appeal is entitled to be heard at the hearing and to present evidence to the Appeals Board.

(8) An Appeals Board may adjourn the hearing by it of a matter until a date specified by it.

(9) A decision by a majority of the members of an Appeals Board shall suffice for any purpose.

(10) In determining an appeal, an Appeals Board may—

(a) affirm the decision of the Authority, or

(b) quash the decision of the Authority and direct the Authority, for stated reasons, to reconsider its decision.

(11) An Appeals Board shall communicate its determination under subsection (10), including the reasons under paragraph (b) of that subsection, to the provider who brings the appeal, the Authority and the Appeals Panel.

(12) The Authority shall comply with a direction given to it under subsection (10)(b).

(13) An Appeals Board is independent in the performance of its functions.