34.

Appeal from direction or decision of Commission

(1) Any organisation or individual aggrieved by —
(a) any direction made by the Commission under section 27(2) or section 29(1) or (2);
(b) any direction or decision made by the Commission under section 28(2); or
(c) any decision made by the Commission under section 31(4)(b),
may, within 28 days after the issue of the direction or decision concerned, appeal to the Chairman of the Appeal Panel against that direction or decision.
(2) Where any application for reconsideration has been made under section 31, every appeal in respect of the same direction or decision which is the subject of the application for reconsideration shall be deemed to be withdrawn.
(3) Unless the Appeal Committee decides otherwise in any particular case, the making of an appeal under this section shall not suspend the effect of the direction or decision to which the appeal relates except in the case of an appeal against the imposition of a financial penalty or the amount thereof.
(4) An Appeal Committee hearing an appeal may confirm, vary or set aside the direction or decision which is the subject of the appeal, and, in particular, may —
(a) remit the matter to the Commission;
(b) impose or revoke, or vary the amount of, a financial penalty;
(c) give such direction, or take such other step, as the Commission could itself have given or taken; or
(d) make any other direction or decision which the Commission could itself have made.
(5) Any direction or decision of an Appeal Committee on an appeal has the same effect, and may be enforced in the same manner, as a direction or decision of the Commission, except that there shall be no application for further reconsideration under section 31 and no further appeal under this section from any direction or decision of the Appeal Committee.
(6) If an Appeal Committee confirms the direction or decision which is the subject of the appeal, it may nevertheless set aside any finding of fact on which the direction or decision was based.