99Purpose of review, &c.

99 Purpose of review, &c.

(1)  The purpose of a review of a decision specified in an application is –

(a) if the decision is a decision referred to in section 95(1)(a)  – for the Commission to reach the correct and proper decision as to whether the person meets, or does not meet, the residency requirements; or

(b) if the decision is a decision referred to in section 95(1)(b)  – for the Commission to reach the correct and proper decision as to whether the person has, or does not have, decision-making capacity; or

(c) if the decision is a decision referred to in section 95(1)(c)  – for the Commission to reach the correct and proper decision as to whether the person is, or is not, acting voluntarily.

(2)  For the purposes of a review of a decision to which an application relates, the Commission is to conduct a hearing, or to obtain evidence, or both, so as to be able to make a fresh decision, on the evidence before the Commission, in substitution for the relevant decision.