Notice of a decision by a Monitor shall be communicated in writing to the person who is subject to that decision.
The said person may, subject to sub-paragraph (d) of this regulation and to regulation 3, give notice of appeal against the said decision provided such notice is given in writing by the said person ( 'the Appellant') and is received by the Secretary within 15 working days from the date of the notice referred to in sub-paragraph (a) of this regulation.
An appeal under this regulation shall be heard by a panel of three members appointed by the Learning & Professional Development department ('The Appeal Panel'). At least one member of the Appeal Panel shall be a member of the Learning & Professional Development Board.
The right to give notice of appeal shall not apply to any decision:
concerning the Appellant's educational or professional qualifications or experience under regulations 1 and 2 of the ACA student regulations;
concerning academic judgement in the determination of a result in an ICAEW examination or aptitude test;
concerning the award of the Certificate in Finance, Accounting & Business.
The Appeal Panel shall consider:
the information considered by the Committee referred to in sub-paragraph (a) of this regulation and the said Committee's reasons for reaching the said decision; and
such further written submission as may be made to the Appeal Panel by the Appellant and the said Committee; and
such of these regulations, the bye-laws, the provisions of the Supplemental Charter and such guidelines and instructions issued thereunder as the Appeal Panel may decide are relevant and the Appeal Panel shall then uphold, waive or vary the said decision;
The decision of the Appeal Panel shall be given by notice in writing;
In discharging its responsibilities, the provisions of these regulations shall apply to the Appeal Panel mutatis mutandis to as if references therein to the Committee were references to the Appeal Panel.
A notice of appeal under regulation 2 shall only be accepted by the Appeal Panel if the appellant provides grounds for claiming that one of the following circumstances obtain:
the Committee misconstrued, or acted in breach of, any of these regulations, the bye-laws or the provisions of the Supplemental Charter or any guidelines and instructions issued under such regulations, bye-laws or provisions;
the decision of the Committee was one which, in all the circumstances, no tribunal properly directing itself and acting reasonably would have made;
the decision of the Committee constituted a substantive procedural irregularity;
the decision of the Committee was based on unfair discrimination, bias or prejudice;
the decision of the Committee was made without the decision maker being privy to all the evidence that was relevant at the time but not previously available.
the said decision has been the subject of an appeal under regulations 2 and 3; and
the Appeal Panel has upheld or varied such decision.
Powers of variation
Subject where relevant to compliance with the Companies Act 2006 and appropriate consultation with the Professional Oversight Board, the Committee shall have the power to vary or waive the above regulations.