ANIMAL CARE AND PROTECTION ACT 2001 - SECT 197 Internal review

ANIMAL CARE AND PROTECTION ACT 2001 - SECT 197

197 Internal review

(1) The chief executive must, within 20 days after receiving an internal review application made under section 195 —

(a) conduct an internal review of the original decision the subject of the application; and

(b) make a decision (the
"internal review decision" ) to—

(i) confirm the original decision; or

(ii) amend the original decision; or

(iii) substitute another decision for the original decision.

(2) The application must not be dealt with by—

(a) the person who made the original decision; or

(b) a person in a less senior office than the person who made the original decision.

(3) Subsection (2) —

(a) applies despite the Acts Interpretation Act 1954 , section 27A ; and

(b) does not apply to an original decision made by the chief executive personally.

(4) If the internal review decision confirms the original decision, for the purpose of an appeal or external review, the original decision is taken to be the internal review decision.

(5) If the internal review decision amends the original decision, for the purpose of an appeal or external review, the original decision as amended is taken to be the internal review decision.