The Ivory Prohibitions (Exemptions) (Process and Procedure) Regulations 2022

Appeal against refusal or revocation of an exemption certificate

8.—(1) Where an application for an exemption certificate is refused or an exemption certificate is revoked, the owner of the item concerned may by notice in writing require the Secretary of State to disclose—

(a) the opinion of the assessor in relation to the item and the reasons for forming that opinion, as notified to the Secretary of State in accordance with section 3(3)(b) and (c) of the Act;

(b) the identity of the prescribed institution to which the item was referred.

(2) Where an assessor’s opinion or the identity of the prescribed institution is required to be disclosed in accordance with paragraph (1), the Secretary of State must—

(a) notify the prescribed institution that the assessor’s opinion or the identity of the institution is to be disclosed, and

(b) disclose the required information to the person making the application within 7 days, beginning with the day on which the notice under paragraph (1) was received by the Secretary of State.

(3) Where a representative of a prescribed institution or an assessor is required to provide information or to give evidence in connection with an appeal made under section 5(1)(b) of the Act against the refusal of an application for, or revocation of, an exemption certificate, the Secretary of State must reimburse the reasonable costs of the institution’s representative or assessor which are associated with that appeal.

(4) In a case where—

(a) an application for an exemption certificate has been refused in accordance with section 3(2) or (6)(b) or an exemption certificate has been revoked in accordance with section 4(3) of the Act, and

(b) the owner of the item has lodged an appeal with the First-tier Tribunal against the refusal or revocation,

a fresh application for an exemption certificate in respect of the same item may not be made until the appeal against the refusal or revocation has been finally determined.

(5) In paragraph (4), “finally determined” means that a court or tribunal has finally determined the appeal and the period allowed for any further appeal or any application for leave to appeal to a higher court or tribunal has elapsed.

(6) A notice of appeal to the First-tier Tribunal against the refusal or revocation of an exemption certificate must, where the information is not otherwise required to be provided by rule 22 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009(1) or by a practice direction, be accompanied by all the information which accompanied the application for an exemption certificate which is the subject of the appeal.

(7) Subject to paragraph (8), where a court or tribunal remits a decision to the Secretary of State for reconsideration, the Secretary of State must reconsider the refusal or revocation and notify the appellant of the fresh decision within 28 days beginning with the date of the order or direction of the court or tribunal.

(8) In a case where a court or tribunal has remitted a decision to the Secretary of State for reconsideration and the Secretary of State considers it necessary that an application for an exemption certificate is referred to an assessor for a fresh assessment and opinion, the Secretary of State must—

(a) refer the application to a prescribed institution within 7 days beginning with the date of the order or direction, and

(b) consider the fresh opinion and notify the appellant of the new decision within 28 days beginning with the day on which the Secretary of State receives the assessor’s opinion.

(9) Paragraphs (7) and (8) are subject to any contrary direction of a court or tribunal.

(1)

S.I. 2009/1976. There are amendments to regulation 22, but none is relevant.