Cap. 545 Art. 32Appeals.

(1) An appeal shall lie to the Administrative Review

Tribunal on any decision of the Regulator in accordance with the provisions of this Act and any regulations made thereunder, and the right to appeal shall be competent to any person aggrieved by such decision.

(2) An appeal to the Administrative Review Tribunal may be filed on any of the following grounds:

(a) that a material error as to the facts has been made;

(b) that there was a material procedural error;

(c) that an error of law has been made;

(d) that there was some material illegality, including unreasonableness or lack of proportionality.

(3) The Administrative Review Tribunal shall give reasons for its decision and shall cause such decisions to be made public omitting, if it deems it appropriate for reasons of confidentiality, the names of the persons involved.

(4) In determining an appeal the Administrative Review Tribunal shall take into account the merits of the appeal, and may in whole or in part, confirm or annul the decision appealed from, giving in writing the reasons for its decision and shall cause such decision to be made public and communicated to the parties to the appeal.

(5) The effect of a decision to which an appeal relates shall not, except where the Administrative Review Tribunal or the Court of Appeal, as the case may be, so orders, be suspended in consequence of the bringing of the appeal.

(6) The right of appeal to the Administrative Review Tribunal shall be competent to any person aggrieved by the decision: Provided that in any case, a person making an appeal to the Administrative Review Tribunal shall also require a direct interest in impugning the decision or directive appealed from.

(7) Without prejudice to the provisions of article 13 -

(a) an appeal from a decision or directive of the Regulator shall be made by application and shall be filed with the secretary of the Administrative Review Tribunal within twenty (20) days from the date on which the said decision or directive has been notified in writing to the party appealing or published in the Gazette whichever is the earlier, as the case may be; and

(b) the application of appeal shall be served on the Regulator, which shall not later than twenty (20) days from such service file its reply thereto with the secretary of the Administrative Review Tribunal.