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27. Jurisdiction of the Regulatory Appeals Committee



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(1) In Article 27(2):
(a) 'applicant' means a person who has applied to the DFSA for a decision; and
(b) 'officer, employee or agent' of a person includes a person who proposes to become an officer, employee or agent of a person.
(2) The Regulatory Appeals Committee has jurisdiction to hear and determine any appeal where:
(a) an applicant appeals the decision of the DFSA in relation to an application for a Licence or Recognition Notice or for an extension to the scope of a Licence or Recognition Notice;
(b) an applicant, Authorised Firm or Authorised Market Institution, Recognised Body or Recognised Member appeals the decision of the DFSA to impose or vary or withdraw a condition or restriction to its Licence or Recognised Notice;
(c) an Authorised Firm, Authorised Market Institution, Recognised Body or Recognised Member appeals a decision of the DFSA in relation to the exercise of its power to withdraw a Licence, revoke a Recognition Notice or to withdraw an authorisation in relation to a Financial Service;
(d) an officer, employee or agent of an Authorised Firm appeals a decision of the DFSA in relation to his application for Authorised Individual status or for extension of his status;
(e) an Authorised Individual appeals the decision of the DFSA to impose or vary or withdraw a condition or restriction to the grant of Authorised Individual status;
(f) a person appeals a decision of the DFSA to;
(i) issue a written notice, or vary or withdraw a written notice to which he is subject, under Article 58(1); or
(ii) refuse to vary or withdraw a written notice following his request pursuant to Article 58(8);
(g) an Authorised Individual appeals a decision of the DFSA to:
(i) issue a written notice, or vary or withdraw a written notice to which he is subject, under Article 58(2);
(ii) refuse to vary or withdraw a written notice following his request or the request of an Authorised Firm pursuant to Article 58(8); or
(iii) suspend or withdraw his Authorised Individual status under Article 58(2), (3) or (5);
(h) an Authorised Firm or Authorised Market Institution appeals the decision of the DFSA to issue a notice to it or make a requirement of it under Article 74, 75, 76 or 88;
(i) a person seeking to acquire or who has acquired control of an Authorised Firm or Authorised Market Institution appeals the decision of the DFSA to notify under Article 64 that a controller is unacceptable;
(j) an applicant appeals a decision of the DFSA in relation to an application for registration as an auditor; or
(k) an appeal is brought under such other jurisdiction as the DFSA Board of Directors may provide in the Rules or as may be conferred by or under any other DIFC Law.
(3) Subject to the Law and Rules, the Regulatory Appeals Committee may make rules of procedure governing the commencement, hearing and determination of appeals, including as to:
(a) the rules as to evidence;
(b) the manner in which a power under Article 29 may be exercised;
(c) the manner in which conflicts of interest of members of the Regulatory Appeals Committee may be prevented;
(d) notification to the Chief Executive of the commencement of an appeal; and
(e) the manner in which the Chief Executive may appear and be heard in the appeal.
(4) Proceedings and decisions of the Regulatory Appeals Committee shall be heard and given in public unless:
(a) the Regulatory Appeals Committee hearing an appeal orders otherwise; or
(b) the rules of procedure of the Regulatory Appeals Committee provide otherwise.
(5) No person may appeal or review a decision of the Regulatory Appeals Committee other than by way of judicial review proceedings before the Court on a point of law.