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Hospital and Health Boards Act 2011
sec.263Powers of court on appeal
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### sec.263 Powers of court on appeal
In deciding an appeal, the court—
has the same powers as the chief executive in making the review decision appealed against; and
is not bound by the rules of evidence; and
must comply with natural justice.
An appeal is by way of rehearing.
The court may—
confirm the review decision; or
set aside the review decision and substitute another decision; or
set aside the review decision and return the matter to the chief executive with directions the court considers appropriate.
(sec.263-ssec.1) In deciding an appeal, the court— has the same powers as the chief executive in making the review decision appealed against; and is not bound by the rules of evidence; and must comply with natural justice.
(sec.263-ssec.2) An appeal is by way of rehearing.
(sec.263-ssec.3) The court may— confirm the review decision; or set aside the review decision and substitute another decision; or set aside the review decision and return the matter to the chief executive with directions the court considers appropriate.
- (a) has the same powers as the chief executive in making the review decision appealed against; and
- (b) is not bound by the rules of evidence; and
- (c) must comply with natural justice.
- (a) confirm the review decision; or
- (b) set aside the review decision and substitute another decision; or
- (c) set aside the review decision and return the matter to the chief executive with directions the court considers appropriate.