Review of decisions by Commission or Technical Regulator
75 Review of decisions by Commission or Technical Regulator
Subject to this section, an application may be made to—
the
Commission by an applicant for the issue or variation of the terms or conditions of a licence under Part
3, or for agreement to the transfer of such a licence, for review of the decision of the Commission to refuse the application; or
the
Commission by an electricity entity for review of a decision of the
Commission under Part
3 to suspend or cancel the entity's licence or to vary the terms or conditions of the entity's licence; or
the
Technical Regulator by a person to whom a direction has been given under this Act by the Technical Regulator or an authorised officer (other than a direction given by the Technical Regulator under Part
5) for review of the decision to give the direction; or
the
Technical Regulator by a person affected by the decision for review of the decision of an authorised officer or an electricity officer to disconnect an electricity supply or to disconnect a cathodic protection system.
An application may not be made under subsection (1) in relation to a decision to issue an enforcement notice under Part 7
Division A3, or any matter associated with the requirements or enforcement of such a notice.
An application for review must—
be in writing; and
set out the decision to which the application relates; and
set out in detail the grounds on which the applicant seeks review and the decision sought on the review; and
be accompanied by any information that the applicant considers should be taken into account by the Commission or the Technical Regulator on the review; and
be lodged with the Commission or the Technical Regulator—
in the case of a decision relating to a licence or application for a licence—within 10 working days after written notice of the decision is given to the electricity entity or applicant;
in the case of a decision to give a direction—within 10 working days after the direction is given;
in the case of a decision to disconnect an electricity supply or cathodic protection system—within 10 working days after notice of the disconnection is given or, if notice is not given, within 10 working days after the supply or system is disconnected.
The
Commission or the Technical Regulator, as the case requires, may stay the operation of the decision to which the application relates.
A review must be decided within four weeks of the application being lodged.
If a review is not decided within that period, the Commission or the
Technical Regulator, as the case requires, is to be taken to have confirmed the decision.
After considering the application, the Commission or the Technical
Regulator, as the case requires, may confirm, amend or substitute the decision.
The
Commission or the Technical Regulator must give the applicant written notice of the decision, and the reasons for the decision, on the review.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.