Genetic Technology (Precision Breeding) Act 2023

Reviews and appeals relating to Part 2

16 Reviews and appeals relating to Part 2

(1) Regulations must make provision for reviews of and appeals against decisions under this Part.

(2) The regulations must, in particular, in relation to each of the decisions mentioned in subsection (3)—

(a) secure that any person prescribed by the regulations may—

(i) require the Secretary of State to review the decision, and

(ii) if not satisfied with the outcome of any such review, appeal against the decision,

(b) secure that the grounds on which a review may be required or an appeal brought include the following—

(i) that the decision was based on an error of fact,

(ii) that the decision was wrong in law, and

(iii) that the decision was unreasonable for any reason, and

(c) make provision for such an appeal to be brought in the First-tier Tribunal.

(3) Those decisions are—

(a) a decision under section 8 not to issue a precision bred confirmation;

(b) a decision under section 9 to revoke a precision bred confirmation;

(c) a decision under section 13 not to issue a precision bred animal marketing authorisation;

(d) a decision under section 15 to suspend or revoke a precision bred animal marketing authorisation.

(4) Regulations may make provision as to—

(a) the Secretary of State’s functions on a review of a decision under this Part;

(b) the powers of the First-tier Tribunal on an appeal by virtue of this section.

(5) Regulations under this section are subject to the negative procedure.