63. | A Respondent may appeal: |
(a) | an Interim Order imposed by the Enforcement Committee, to the Tribunal for a Hearing; |
(b) | a Final Decision Notice made by the Enforcement Committee, without the Respondent's agreement, to the Tribunal for a Hearing in accordance with Part 5; |
(c) | a Final Decision Notice made by the Tribunal, to the Appeal Tribunal. |
64. | Any Appeal under 63(c) can only be made on the grounds that the Tribunal decision was: |
(a) | wrong in law; |
(b) | unfair because of a serious procedural irregularity; |
(c) | irrational; |
(d) | made in the absence of significant and relevant new evidence which could not have been adduced previously; or |
(e) | in relation to Sanction, manifestly unreasonable. |
65. | The Respondent shall lodge any Notice of Appeal under Rule 63 in writing within 28 days of the issuing of the Final Decision Notice. |
66. | Upon receipt of a Notice of Appeal, the Chair of the Appeal Tribunal shall within 14 days consider whether to give permission to appeal and will grant permission if he is satisfied that; |
(a) | there is an arguable case for appeal on one or more of the grounds set out in Rule 64; |
(b) | the appeal was lodged in accordance with Rule 65 unless there are good reasons for giving leave to appeal out of time; and |
(c) | Rule 68 does not apply. |
67. | The Appeal Tribunal may: |
(a) | revoke or vary the relevant Final Decision Notice on the case; |
(b) | give such direction or take such other steps as the Tribunal could have given or taken; |
(c) | make any other decision which the Tribunal could have made; |
(d) | remit the case back to the Tribunal. |
68. | Where a Respondent has agreed to a Decision Notice in accordance with Rules 18 or 25, there is no right of appeal. |
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