118Review by the Rail Safety Regulator

118 Review by the Rail Safety Regulator

(1) An eligible person— (a) in relation to a reviewable decision made by the Rail Safety Regulator may, within 28 days after the decision was made, apply to the Rail Safety Regulator for a review of the decision; (b) in relation to a reviewable decision, other than a decision made by the Rail Safety Regulator, may apply to the Rail Safety Regulator for review of the decision within— (i) 28 days after the day on which the decision first came to the eligible person’s notice; or (ii) such longer period as the Rail Safety Regulator allows. (2) The application must be in the form approved (in writing) by accordance with this section, the Rail Safety Regulator must make a decision— (a) to affirm or vary the reviewable decision; or (b) to set aside the reviewable decision and substitute another decision that the Rail Safety Regulator considers appropriate. (3) If an application is made to the Rail Safety Regulator in accordance with this section, the Rail Safety Regulator must make a decision— (a) to affirm or vary the reviewable decision; or (b) to set aside the reviewable decision and substitute another decision that the Rail Safety Regulator considers appropriate. (4) The Rail Safety Regulator must give a written notice to the applicant setting out— (a) the Rail Safety Regulator’s decision under sub‑section (3) and the reasons for the decision; and (b) the findings on material questions of fact that led to the decision, referring to the evidence or other material on which those findings were based— and must do so within 14 days after the application is made or, if the reviewable decision was made under section 100, 105 or 108, within 7 days after the application is made. (5) If the Rail Safety Regulator has not notified an applicant of a decision in accordance with sub‑section (4), the Rail Safety Regulator is taken to have made a decision to affirm the reviewable decision. (6) An application under this section does not affect the operation of the reviewable decision or prevent the taking of any action to implement it unless the Rail Safety Regulator, on the Rail Safety Regulator’s own initiative or on the application of the applicant for review, stays the operation of the decision (not being a prohibition notice) pending the determination of the review. (7) The Rail Safety Regulator must make a decision on an application for a stay within 24 hours after the making of the application. (8) If the Rail Safety Regulator has not made a decision in accordance with sub‑section (7), the Rail Safety Regulator is taken to have made a decision to grant a stay. (9) The Rail Safety Regulator may attach any conditions to a stay of the operation of a reviewable decision that the Rail Safety Regulator considers appropriate.