Territorial Extent Schedule 7: Relevant offences Part 7: Operating and Personal Licences: Appeals Section 144: Powers of Tribunal
379.This section provides for the Tribunal’s powers following an appeal. It allows the Tribunal to either uphold or overturn all of, or part of, the Commission’s decision. The Tribunal can also substitute a decision or action taken by the Commission for another. In so doing, it is limited to taking only decisions or actions of a kind which the Commission is empowered to take. For example; if the Commission recommended that a financial penalty be imposed, the Tribunal could rule that a more appropriate decision would be to revoke the licence, or to issue a warning. But the Tribunal cannot order something which the Commission could not have ordered in the first place.
380.The Tribunal can also add to the Commission’s decisions, i.e. it could uphold a decision to impose a financial penalty, and add that the licence should also be revoked. This section also allows for the Tribunal to refer a matter back to the Commission for further consideration, following which there will again be the right to appeal to the Tribunal under this Part from the new decision made by the Commission.
381.The Tribunal can also re-instate a lapsed or revoked licence following a successful appeal.
382.When determining an appeal, the Tribunal can take into account evidence that was not previously available to the Commission, and it must ensure that it considers any relevant code of practice issued by the Commission.