CHAPTER III

TRADITIONAL TERMS
SECTION 6

Appeals

Appeals: general
Article 39a
1
An appeal may be made to the FTT against a decision of the Secretary of State specified in column 1 of the table in Annex A2.
2
Such an appeal may be made:
a
in all cases, by a person or third country authority specified in the corresponding entry in column 2 of the table in Annex A2;
b
in the case of a decision affecting an application submitted by the authorities of a third country, by the authorities of that third country.
3
In determining such an appeal the FTT:
a
must consider the decision appealed against afresh;
b
may take into account evidence that was not available to the Secretary of State.
4
The FTT may:
a
dismiss the appeal, or
b
if it allows the appeal, exercise any power specified in the corresponding entry in column 3 of the table in Annex A2.
5
Where the FTT remits a matter to the Secretary of State for reconsideration and fresh decision:
a
the Secretary of State, after making a fresh decision, must publish, in such manner as appears appropriate to the Secretary of State from time to time, a notice informing the original applicant, the appellant (if different) and the public of that fresh decision and the reasons for that decision;
b
the provisions of this Section and Annex A2 apply to the fresh decision made by the Secretary of State.
6
An appeal made under paragraph 1 in relation to a decision of the Secretary of State specified in column 1 of the table in Annex A2 does not prevent an entry recorded on Great Britain's Traditional Terms Register by the Secretary of State following that decision from having effect.
7
The entry referred to in paragraph 6 continues to have effect, despite the appeal, unless the appeal is allowed by the FTT and:
a
in a case where the FTT quashes the Secretary of State's decision and directs the Secretary of State to take specified action, that action has been taken;
b
in a case where the FTT remits the matter to the Secretary of State for reconsideration and fresh decision, the relevant entry ceases to have effect as a result of consequent action taken in relation to the entry in the register following the fresh decision taken by the Secretary of State.
Ch. 3 Section 6 inserted (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 26(37), Sch. 8 Pt. 4