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Contents  

Long Title

Part I PRELIMINARY

Part II ADMINISTRATION

Part III LICENSING OF ACTIVITIES RELATING TO GAS

Part IV MODIFICATION AND ENFORCEMENT OF GAS LICENCES

Part V GAS TRANSPORTERS

Part VI GAS RETAILERS AND GENERAL PROVISIONS

Part VII GAS NETWORK CODE

Part VIIA CODES OF PRACTICE

Part VIIB CONTROL OF GAS LICENSEES AND ENTITIES WITH INTEREST IN GAS PIPELINE NETWORK

Part VIII SAFETY

Part IX COMPETITION

Part X APPEAL PANEL

Part XI MISCELLANEOUS

Part XII TRANSITIONAL PROVISIONS

Legislative History

 
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amend   14/02/2008
Appeal to Minister
93.
—(1)  A person aggrieved by —
(a)
any decision of the Authority in the exercise of any discretion vested in it by or under this Act, except for section 27(12); or
(b)
any direction issued by the Authority under this Act,
may, except where provision has been made under this Act for an appeal to be made to an Appeal Panel, appeal to the Minister, together with adequate details of the grounds for the appeal.
(2)  Unless otherwise provided in this Act, an appeal under subsection (1) shall be lodged within 14 days of the receipt of the decision or direction.
(3)  An appeal under subsection (1) shall not suspend the effect of a decision or direction to which the appeal relates unless —
(a)
otherwise provided in this Act or allowed by the Minister; or
(b)
the appeal is against the imposition or the amount of a financial penalty.
(4)  Where the Minister considers that an appeal lodged under subsection (1) involves issues of such nature or complexity that it ought to be considered and determined by persons with particular technical or other specialised knowledge, he may establish by direction an Appeal Panel, comprising one or more of such persons with particular technical or other specialised knowledge and such other persons as the Minister considers appropriate, to consider and determine the appeal.
(5)  Any person who has lodged an appeal under subsection (1) shall provide such information and documents as may be required by the Minister (whether for the purpose of deciding if an Appeal Panel should be established or for determining the appeal) in such manner and within such period as may be specified by the Minister.
(6)  The Minister may determine an appeal under this section by —
(a)
confirming, varying or reversing any decision or direction of the Authority; or
(b)
directing the Authority to reconsider its decision or direction,
and the decision of the Minister shall be final.
(7)  The Minister may make regulations in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section.
[24/2007 wef 11/06/2007]
Show Difference
amend   11/06/2007
Appeal to Minister
93.
—(1)  A person aggrieved by —
(a)
any decision of the Authority in the exercise of any discretion vested in it by or under this Act, except for section 27(12); or
(b)
any direction issued by the Authority under this Act,
may, except where provision has been made under this Act for an appeal to be made to an Appeal Panel, appeal to the Minister, together with adequate details of the grounds for the appeal.
(2)  Unless otherwise provided in this Act, an appeal under subsection (1) shall be lodged within 14 days of the receipt of the decision or direction.
(3)  An appeal under subsection (1) shall not suspend the effect of a decision or direction to which the appeal relates unless —
(a)
otherwise provided in this Act or allowed by the Minister; or
(b)
the appeal is against the imposition or the amount of a financial penalty.
(4)  Where the Minister considers that an appeal lodged under subsection (1) involves issues of such nature or complexity that it ought to be considered and determined by persons with particular technical or other specialised knowledge, he may establish by direction an Appeal Panel, comprising one or more of such persons with particular technical or other specialised knowledge and such other persons as the Minister considers appropriate, to consider and determine the appeal.
(5)  Any person who has lodged an appeal under subsection (1) shall provide such information and documents as may be required by the Minister (whether for the purpose of deciding if an Appeal Panel should be established or for determining the appeal) in such manner and within such period as may be specified by the Minister.
(6)  The Minister may determine an appeal under this section by —
(a)
confirming, varying or reversing any decision or direction of the Authority; or
(b)
directing the Authority to reconsider its decision or direction,
and the decision of the Minister shall be final.
(7)  The Minister may make regulations in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section.
Show Difference
reved   31/07/2002
Appeal to Minister
93.
—(1)  A gas licensee or other person aggrieved by —
(a)
any decision of the Authority in the exercise of any discretion vested in it by or under this Act; or
(b)
anything contained in any code of practice approved by the Authority,
may, except in relation to a decision made under section 27(12) or where provision is made under this Act for an appeal to be made to an Appeal Panel, appeal to the Minister.
(2)  Unless otherwise provided, where an appeal is lodged under this section, the decision, direction or other thing appealed against shall be complied with until such time as the Minister determines the appeal.
(3)  The Minister may determine an appeal under this section by confirming, varying or reversing any decision or direction of the Authority or by amending any code of practice approved by the Authority.
(4)  The decision of the Minister shall be final.