106 Appeals by complainants.U.K.
(1)Where a complainant is notified under paragraph 3(2) of Schedule 7 that no determination in his favour has been made on a complaint, he may, within the period of seven days beginning with the day on which he receives the notice, appeal to the Chief Commissioner against the decision.
(2)Where a complainant appeals under this section, the Chief Commissioner shall have—
(a)all the powers and duties conferred by Schedule 7 on a Commissioner appointed under section 91(1)(b) who is required to investigate a complaint, and
(b)where the Chief Commissioner makes a determination in favour of the complainant by virtue of paragraph (a), all the powers and duties conferred by section 103.
(3)Where, by virtue of subsection (2), the Chief Commissioner makes an order to destroy records under section 103 or directs the payment of compensation under Schedule 7, subsection (8) of that section and paragraph 5(2) of that Schedule shall not apply.
(4)The Chief Commissioner shall make a report of his findings on an appeal under this section—
(a)to the Commissioner who made the decision appealed against, and
(b)where he allows the appeal, to the Prime Minister [F1and to the Scottish Ministers] under section 107(2).
Textual Amendments
F1Words in s. 106(4)(b) inserted (1.7.1999) by S.I. 1999/1747, arts. 1, 3, Sch. 6 Pt. II para. 2(4); S.I. 1998/3178, art. 3