SCHEDULES
SCHEDULE 5Accreditation of certification providers: reviews and appeals
Appeal panel
4
1
If the applicant makes a request in accordance with paragraph 3, an appeal panel must be established in accordance with this paragraph.
2
An appeal panel must consist of a chair and at least two other members.
3
Where the request relates to a decision of the Commissioner—
a
the Secretary of State may appoint one person to be a member of the appeal panel other than the chair, and
b
subject to paragraph (a), the Commissioner must appoint the members of the appeal panel.
4
Where the request relates to a decision of the F1UK national accreditation body—
a
the Secretary of State—
i
may appoint one person to be a member of the appeal panel other than the chair, or
ii
may direct the Commissioner to appoint one person to be a member of the appeal panel other than the chair, and
b
subject to paragraph (a), the chair of the F1UK national accreditation body must appoint the members of the appeal panel.
5
A person may not be a member of an appeal panel if the person—
a
has a commercial interest in the decision referred to the panel,
b
has had any prior involvement in any matters relating to the decision, or
c
is an employee or officer of the accreditation authority.
6
The Commissioner may not be a member of an appeal panel to which a decision of the Commissioner is referred.
7
The applicant may object to all or any of the members of the appeal panel appointed under sub-paragraph (3) or (4).
8
If the applicant objects to a member of the appeal panel under sub-paragraph (7), the person who appointed that member must appoint a replacement.
9
The applicant may not object to a member of the appeal panel appointed under sub-paragraph (8).