Commentary on Sections Section 99 – Right of appeal by P
191.This section provides a right to appeal to the Tribunal against a determination by the Commissioner of no failure to comply with a standard, following an investigation. That appeal is available only to a person (“P”) whose complaint under section 93 to the Commissioner about an alleged failure by a person (“D”) to comply with a standard led to the investigation that resulted in the subsequent determination of no failure to comply.
192.P may appeal on the grounds that D did fail to comply with a standard. Appeals must be made within a period of 28 days beginning with the day on which the Commissioner gives P the decision notice in relation to the investigation in accordance with the requirements of section 73. The Tribunal may accept appeals after the 28 days if P makes a written application to it and if it is satisfied that there is a good reason for the failure to appeal before the end of that period, and for the delay (if any) in applying for permission to appeal out of time.