Commentary on Sections Section 58 – Right of appeal
94.If the Commissioner notifies P of a determination that the requirement challenged by P is not unreasonable or disproportionate this section allows P to appeal to the Tribunal for a determination as to whether or not that requirement is unreasonable or disproportionate.
95.Subject to subsection (4), an appeal under this section must be made within 28 days beginning with the day when the Commissioner notified P of his or her determination of the application.
96.The Tribunal must notify both P and the Commissioner of its determination of an appeal made under this section.
97.If the Tribunal determines that the requirement is unreasonable or disproportionate, the Tribunal must either (a) revoke the compliance notice (b) revoke the compliance notice and give a new compliance notice or (c) vary the existing compliance notice. The right of appeal is subject to Tribunal Rules, which can make provisions about bringing an appeal under this section.