S.L. 331.10 Art. 6BAppeal from a decision of the Authority denying or revoking access to the register of beneficial owners. 

(1) (a) An applicant who feels aggrieved by a decision of the Authority denying access, in full or in part, to beneficial ownership information, or revoking access after such access to beneficial ownership information has been granted, in accordance with regulation 6AA, may appeal to the Court of Appeal (Inferior

Jurisdiction) (hereinafter referred to as "the Court") by means of an application filed in the registry of that court within twenty days from the date on which the Authority’s decision has been notified to such person.

(b) the appeal application shall be made in writing clearly explaining the grounds for such appeal and filed against the Authority, which shall have twenty days from the date of service within which to file a reply:

Provided that, if the appellant fails to notify the appeal application to the Authority within twenty days of the filing of the appeal, the Court, after hearing during the first sitting of the appeal the reasons why service was not affected, may declare by means of a decree delivered in Court that the appeal is deserted with expenses to be borne by the appellant.

(c) the Court shall set down the cause for hearing to a date no later than two months from when the date on which the appeal is brought before it and shall cause notice of such date to be given to the parties to the suit.

(d) after appointing the application for hearing, and after listening to oral or written submissions, as the case may be, made by the parties and any evidence that they may be authorised to submit, the Court shall decide the application on its merits, within the shortest time possible but not later than four months from the day when the application has been appointed for hearing.

(e) if the Court decides in favour of the appellant, the Court shall in its decision, indicate the timeframe within which the appellant is to be granted access, or have access re-instated, as may be applicable, to the beneficial ownership information as requested in accordance with regulations 6(1c) and 6A.

(f) if, during the hearing of the appeal, the Court finds that the application is frivolous and vexatious, the Court may decide to impose on the applicant, a penalty, to be paid to the Authority, of between one thousand euro (€ 1,000) and five thousand euro (€5,000), as the Court shall determine.

(g) the Court vacations provided for in the Court

Practice and Procedure and Good Order Rules shall not suspend the hearing of the appeals filed in terms of these regulations:

Provided that for the purposes of this regulation, the Court may, for reasons deemed serious and necessary by the Court, by means of a decree, extend for a reasonable period, the judicial time limits that are imposed on it according to these regulations.

(2) The persons referred to in regulation 6(1b) and (1c) who are aggrieved by a decision of the Authority denying or revoking access to the beneficial ownership information, in full or in part, on the basis that access to such beneficial ownership information would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, in accordance with regulation 6(2), such persons may appeal against such decision to the Court of Appeal (Inferior Jurisdiction), under the same terms and conditions indicated in sub-regulation (1) and, the provisions of sub-regulation (1) shall apply mutatis mutandis.

(3) (a) Proceedings in relation to the determination of a legitimate interest under this regulation shall be held and only in camera the appellant and other parties who can prove they have an interest in the proceedings to the satisfaction of the Court, and their respective advocates and legal procurators shall be allowed in Court during the hearings;

(b) Any decree or decision of the Court shall preserve the confidentiality of the proceedings and shall only reveal such facts as may be necessary to make the same intelligible and enforceable by the parties;

(c) All applications, responses, affidavits, statements and other documents or evidence shall be kept by the Registrar of the Court in a confidential manner and no access shall be given thereto except with the written consent of the Court.