105Right to apply to Supreme Court for declaration as to validity

105 Right to apply to Supreme Court for declaration as to validity

(1AA)  [Regulation 105 Subregulation (1AA) inserted by S.R. 2022, No. 11, Applied:31 Mar 2022] In this regulation, a reference to a final decision under regulation 104 is taken to include a reference to a decision under regulation 99A .

(1)  If the Commission has made a final decision under regulation 104 adversely to an applicant, the applicant may, within 6 months after notification of the final decision, require the Commission to apply to the Supreme Court for a declaration in respect of that final decision.

(2)  Subject to subregulation (3) , the Supreme Court may, on an application under subregulation (1) , make a declaration, having regard to facts existing and events that had occurred at the time when the Commission's final decision was made, as to the validity or otherwise of that final decision.

(3)  The Supreme Court must not make a declaration under subregulation (2) in respect of a final decision of the Commission the validity of which cannot be decided at the time when the Court is asked to make the declaration.

(4)  For the purpose of reviewing a final decision by the Commission, the Supreme Court has all the powers and discretions that are conferred on the Commission by law or under the Act.

(5)  The Supreme Court may make a declaration –

(a) affirming the Commission's final decision; or

(b) remitting the matter to which the Commission's final decision relates to the Commission for reconsideration in accordance with the directions of the Court; or

(c) varying the Commission's final decision; or

(d) setting aside the Commission's final decision and substituting another decision for that final decision of the Commission.

(6)  Except as provided in subregulations (7) and (8) , the cost of making the application to the Supreme Court is to be met by the Commission from the Fund.