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.
Commentary on Sections Section 99 – Right of appeal by P