Foyle Fisheries Act (Northern Ireland) 1952

[F1 52P Appeals from decisions with respect to aquaculture licences N.I.

(1) A person aggrieved by a decision of the Commission—

(a) to grant or to refuse to grant an aquaculture licence;

(b) to specify any condition in an aquaculture licence;

(c) to vary an aquaculture licence under section 52G;

(d) to vary or to refuse to vary an aquaculture licence under section 52H;

(e) to revoke an aquaculture licence under section 52I;

(f) to refuse to transfer an aquaculture licence under section 52L;

(g) to refuse to accept the surrender of an aquaculture licence under section 52J;

may appeal to the Appeals Board.

(2) An appeal to the Appeals Board shall be made by sending a notice of appeal to the Appeals Board so that it is received by the Appeals Board—

(a) in the case of a decision of the Commission to grant an aquaculture licence or specify any condition in an aquaculture licence, not later than 28 days after the date on which notice to grant the licence was last published in accordance with section 52C(4);

(b) in the case of a decision by the Commission to vary an aquaculture licence under section 52G or 52H, not later than 28 days after the date on which notice of the decision to vary the licence was last published in accordance with section 52G(6);

(c) in the case of a decision of the Commission—

(i) to refuse to grant an aquaculture licence;

(ii) to refuse to vary an aquaculture licence under section 52H;

(iii) to revoke an aquaculture licence; or

(iv) to refuse to transfer an aquaculture licence,

not later than 28 days after the date on which notice of the disputed decision was received by the person aggrieved;

(d) in the case of a decision (or deemed decision) of the Commission to refuse to accept the surrender of an aquaculture licence under section 52J, not later than 28 days after the date on which in accordance with subsection (5) of that section, notice of the refusal was given to the applicant or, as the case may be, the Commission was deemed to have refused the application.

(3) The Appeals Board may—

(a) confirm or set aside the decision which is the subject of the appeal, or any part of it; or

(b) substitute its decision on the matter for that of the Commission.

(4) Where, on an appeal under subsection (1), the Appeals Board determines that the decision of the Commission should be altered, the Commission shall give effect to the determination and shall publish, in such manner and such form as may be prescribed, notice of the determination.

(5) Schedule 3B shall have effect with respect to appeals under subsection (1).

(6) The Department may make regulations providing for such additional, incidental, consequential or supplemental procedural matters in respect of appeals to the Appeals Board as appear to the Department to be necessary or expedient.

(7) Without prejudice to the generality of subsection (6), regulations under that subsection may make provision—

(a) in relation to the class or classes of persons who may be heard at an oral hearing;

(b) for the manner of the notification of the determination of an appeal; and

(c) the availability for inspection by the public of documents or extracts from documents relating to appeals, the period of such availability, and the purchase by the public of copies of such documents or extracts from such documents.]

F1 Pt. VIA (ss. 52A-52X) inserted (1.6.2008 so far as inserting for certain purposes ss. 52B, 52C, 52G, 52H, 52M, 52N, 52O, 52P, 52U and 52X, otherwise prosp.) by Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 (S.I. 2007/915 (N.I. 9)), arts. 1(3), 3(1) (with art. 32); S.R. 2008/232, art. 2, Sch.