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Table of Contents
Page Overview
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AI Summary of 222. Appeals to Circuit Court
An appellant may appeal to the Circuit Court, on notice to the Authority, against the Authority’s decisions under sections 109, 114(4), 115, 124, 126 or 127, or where a notice of non‑compliance under section 193(2)(a) states the Authority is satisfied a licence holder has contravened a relevant obligation and specifies condition(s) under section 193(2)(b)(ii), against that finding and/or the imposition of any such condition(s). Appeals must be made within 14 days of notification of the decision and, if the appellant is resident in the State, be brought in the circuit where the appellant ordinarily resides or carries on business; otherwise they are to the Dublin Circuit Court.
On appeal the Circuit Court may refuse the appeal or, where applicable, allow it and direct the Authority to transfer, grant or renew a licence (for decisions under ss.109, 114(4), 115, 126 or 127), or to issue a certificate (for decisions under s.124). For appeals arising from section 193(2) findings the Court may allow the appeal in respect of the imposition of a condition and/or the finding as to contravention. The Authority must comply with any direction under these provisions and notify the appellant as soon as practicable after doing so.
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222. Appeals to Circuit Court
(1) An appellant may bring an appeal to the Circuit Court on notice to the Authority -
(a) against the decision of the Authority under section 109, 114(4), 115, 124, 126 or 127, or
(b) where a notice of non-compliance states, in accordance with subsection (2)(a) of section 193, that the Authority is satisfied that the licensee has contravened or is contravening a relevant obligation and specifies one or more than one condition under subsection (2)(b)(ii) of that section, against that finding as to contravention or against the imposition of any subsequent condition or conditions, or both.
(2) An appeal to the Circuit Court under subsection (1) shall be made not later than 14 days from the date the decision giving rise to the appeal is notified to the appellant.
(3) An appeal to the Circuit Court under subsection (1) shall be brought -
(a) where the appellant is resident in the State, in the circuit where the appellant ordinarily resides or carries on any profession, trade or business, and