36Appeals against decisions of the OGA: information and samples plans
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(1)This section applies to any decision of the OGA to which effect is given by one of the actions set out in an entry in column 1 of the table below.
(2)A person affected by any such decision may appeal against it to the Tribunal—
(a)on the grounds that the decision was not within the powers of the OGA, or
(b)on the grounds set out in the corresponding entry in column 2 of the table.
| (1) Action by the OGA | (2) Grounds for appeal |
|---|---|
| The preparation of an information and samples plan. | The plan is unreasonable. |
| The giving of a notice requiring the provision of information or samples under section 34(1). | The length of time given to comply with the notice is unreasonable. |
(3)On an appeal under this section the Tribunal may—
(a)affirm, vary or quash the decision under appeal,
(b)remit the decision under appeal to the OGA for reconsideration with such directions (if any) as the Tribunal considers appropriate, or
(c)substitute its own decision for the decision under appeal.