Powers of Scheme Executive on objection
64 Powers of Scheme Executive on objection
After considering an objection, the Scheme Executive may—
allow the objection in whole or in part or disallow the objection, and
confirm the decision to which the objection was made (with or without variations) or reverse that decision.
The Scheme Executive may confirm the order for restitution if the Scheme Executive confirms the decision to which the objection was made (with or without variations).
Before confirming the order, the Scheme Executive may vary the order by reducing the amount payable under it.
The Scheme Executive must revoke the order for restitution if the Scheme Executive reverses the original decision.
For the purpose of enabling a defendant to apply to the Tribunal for an administrative review, the Scheme Executive is taken to have failed to determine an objection if 90 days have passed since the objection was lodged with the Scheme Executive.
The Scheme Executive’s failure to determine an objection within the period referred to in subsection (4) does not prevent the Scheme Executive from continuing to deal with the objection after that period has expired.
In calculating a period referred to in subsection (4), the period between the date on which the Scheme Executive requests further information or supporting evidence from the defendant in relation to the objection and the date on which that further information or supporting evidence is furnished is excluded.
This Act’s bill:Explanatory memorandumSecond reading speech
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