Private Security Personnel and Private Investigators Act 2010

Part 6 General and miscellaneous provisions

General provisions

102 Appeals to District Court

(1)

The following persons have a right of appeal to the District Court against a decision of a Licensing Authority under this Act:

(a)

if an application is refused (whether in whole or in part), the applicant; and

(b)

if an applicant is dissatisfied with a condition imposed by an Authority under section 33(7) or 53(7), the applicant; and

(c)

if an application is granted (in whole or in part), a person who objected to the granting of the application; and

(d)

if a licence is suspended or cancelled, the licensee; and

(e)

if a certificate of approval is suspended or cancelled, the person whose certificate of approval is suspended or cancelled; and

(f)

if the employment of an officer of a company that is a licensee is terminated, the officer; and

(g)

if a licensee or person holding a certificate of approval is fined, the licensee or person; and

(h)

if there was a complaint made by a constable under Part 4 but the licence or certificate of approval in relation to which the complaint was made was not suspended or cancelled, the Commissioner of Police.

(2)

An appeal under this section must be brought within 20 working days after the date on which the appellant was notified in writing by a Licensing Authority of the decision appealed against, or within any further period that the court may allow.

(3)

The appeal—

(a)

must be made by way of originating application in accordance with the District Court Rules 2014; and

(b)

must be filed in the office of the District Court nearest to the registered office of the licensee (if a company) or principal place of business of the licensee (if not a company), or to the place of employment or engagement of the certificate holder, as the case may require.

(4)

On hearing the appeal, the court may—

(a)

confirm, vary, or reverse the decision appealed against; or

(b)

in the case of an order suspending a licence or certificate of approval, vary the period of the suspension; or

(c)

refer the matter back to the Licensing Authority with directions to him or her to reconsider the whole or any specified part of the matter.

(5)

Subject to any order of the court, every decision of a Licensing Authority against which an appeal is made continues in force and has effect according to its tenor pending the determination of the appeal.

Compare: 1974 No 48 s 64

Section 102(1): amended, on 14 November 2018, by section 228 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

Section 102(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 102(1)(b): amended, on 14 November 2018, by section 228 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

Section 102(2): amended, on 14 November 2018, by section 222 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

Section 102(2): amended, on 14 November 2018, by section 228 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

Section 102(3)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 102(5): amended, on 14 November 2018, by section 228 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).