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s 40

Decision of review committee

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Part 6Reconsideration and review of decisions

40 Decision of review committee

(1)

A review committee that reviews a decision of the commission or an officer of the commission referred to it under section 36 (5) (a primary decision) shall give a decision in writing—

(a)

confirming the primary decision; or

(b)

varying the primary decision; or

(c)

setting aside the primary decision and making a decision in substitution for the primary decision.

(2)

A primary decision as varied by a review committee, or a decision made by a review committee in substitution for a primary decision, shall, for this Act (other than section 36 (5)), be deemed to be a decision made by the person who, or the body which, made the primary decision.

(3)

A review committee shall cause a copy of its decision to be sent to the person who requested the review and to the commission.

(4)

A review committee shall, if requested to do so by the person who requested the review, cause a short statement in writing of the reasons for the decision to be sent to the person.

(5)

The decision of a review committee shall be final and conclusive.

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