Part 7Operating and Personal Licences: Appeals

I1144Powers of Tribunal

1

On an appeal under section 141 against a decision or action taken by the Commission the Tribunal may—

a

affirm the Commission's decision or action;

b

quash the Commission's decision or action in whole or in part;

c

substitute for all or part of the Commission's decision or action another decision or action of a kind that the Commission could have taken;

d

add to the Commission's decision or action a decision or action of a kind that the Commission could have taken;

e

remit a matter to the Commission (generally, or for determination in accordance with a finding made or direction given by the Tribunal);

f

reinstate a lapsed or revoked licence.

2

In determining an appeal instituted out of time under F1Tribunal Procedure Rules or following a direction under section 145(2) the Tribunal may, in addition to the matters specified in subsection (1) above, make any order that it thinks appropriate.

3

In determining an appeal the Tribunal shall have regard to any relevant provision of a code of practice issued by the Commission under section 24.

4

In determining an appeal the Tribunal may take account of evidence which was not available to the Commission.

5

Section 141 applies to a decision or action of the Commission following remittal under subsection (1)(e) above.