7.—(1) Any of the following persons may appeal to the Commissioner against any decision of a specified officer under this Act in relation to a restriction order:
(a)
a scam victim in relation to whom the restriction order is issued;
(b)
any joint account holder of a bank account of a scam victim maintained by a bank which is subject to the restriction order.
(2) An appeal under this section must be —
(a)
in the prescribed form and specify the grounds on which it is made;
(b)
accompanied by the prescribed documents or information; and
(c)
made within the prescribed period after the time of receipt of the notification relating to the decision appealed against.
(3) The Commissioner may reject an appeal of an appellant who fails to comply with subsection (2).
(4) The Commissioner may —
(a)
consider any relevant documents or information other than those submitted by the appellant; and
(b)
decide an appeal —
(i)
based solely on documentary evidence; and
(ii)
without holding any hearing of the appeal.
(5) After considering the appeal, the Commissioner may —
(a)
reject the appeal and confirm the specified officer’s decision; or
(b)
allow the appeal and revoke, substitute or vary the specified officer’s decision.
(6) The Commissioner’s decision on an appeal is final.
(7) Every appellant and any other prescribed person must be notified of the Commissioner’s decision under subsection (5).
(8) An appeal against a specified officer’s decision —
(a)
does not affect the operation of the decision appealed against or prevent the taking of any action to implement the decision; and
(b)
unless otherwise directed by the Commissioner, the decision appealed against must be complied with until the determination of the appeal.
Designation of appropriate officers to hear appeals
8.—(1) The Commissioner may designate an appropriate officer to hear and determine, in the Commissioner’s place, any appeals or a specific appeal under section 7.
(2) Upon a designation under subsection (1), any reference in section 7 to the Commissioner includes a reference to the appropriate officer so designated for that appeal.
(3) In this section, “appropriate officer” means any person who is designated by the Commissioner as a Deputy Commissioner of Police for the purposes of any provision of the Police Force Act 2004 or its subsidiary legislation, or in the Police General Orders, Force Orders or Standing Orders made under that Act.
