Moved by
Lord Gardiner of Kimble
17: Clause 5, page 4, line 34, after “appeal” insert “to the First-tier Tribunal”
Member’s explanatory statement
This amendment provides that an appeal against the refusal or revocation of an exemption certificate is to be made to the First-tier Tribunal.
18: Clause 5, page 4, line 36, at end insert—
“( ) An appeal under subsection (1)(b) may be on the ground—
(a) that the decision was based on an error of fact,
(b) that the decision was wrong in law, or
(c) that the decision was unreasonable,
or on any other grounds that are prescribed by regulations made by the appropriate national authority.
( ) On an appeal under subsection (1)(b), the First-tier Tribunal may—
(a) confirm the Secretary of State’s decision to refuse or revoke the exemption certificate,
(b) require the Secretary of State to issue an exemption certificate, or to cancel the decision to revoke an existing exemption certificate, or
(c) remit the decision to refuse or revoke the exemption certificate to the Secretary of State for reconsideration.”
Member’s explanatory statement
The subsections inserted by this amendment set out the grounds for an appeal against the refusal or revocation of an exemption certificate, confer power on the appropriate national authority (see the Minister’s amendment of clause 37 at page 22, line 24) to prescribe further grounds in regulations, and set out the actions that the First-tier Tribunal may take on an appeal.
19: Clause 5, page 4, line 37, leave out “Secretary of State” and insert “appropriate national authority”
Member’s explanatory statement
See the explanation of subsections (1A) and (1B) inserted in clause 37 by the Minister’s amendment at page 22, line 24.
20: Clause 5, page 4, line 37, after “make” insert “further”
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 4, line 36.
21: Clause 5, page 4, line 39, leave out subsection (4) and insert—
“(4) The Secretary of State may by regulations make provision requiring an appellant to pay a fee of a prescribed amount.”
Member’s explanatory statement
The effect of this amendment is to remove paragraphs (a) to (d) of the existing subsection (4) of clause 5. Those paragraphs are no longer necessary because the Minister’s amendment at page 4, line 36 will enable the matters in question to be dealt with by First-tier Tribunal Rules.