Section 49 — Appeals against variation or revocation of authorisation

(1) The governing body of a provider may appeal to the First-tier Tribunal against either or both of the following—

(a) a decision of the OfS to vary or revoke, by a further order under section 42(1) or an order under section 45(1), an authorisation given to it;

(b) a decision of the OfS as to the date specified under section 48(6) as the date on which the variation or revocation takes effect.

(2) On an appeal under subsection (1)(a) against a decision to revoke an authorisation, the Tribunal—

(a) must consider afresh the decision appealed against, and

(b) may take into account evidence that was not available to the OfS.

(3) An appeal under subsection (1), other than an appeal against a decision to revoke an authorisation, may be on the grounds—

(a) that the decision was based on an error in fact;

(b) that the decision was wrong in law;

(c) that the decision was unreasonable.

(4) On an appeal under subsection (1), the Tribunal may—

(a) withdraw the decision;

(b) confirm the decision;

(c) vary the date on which the variation or revocation takes effect under the order to be made under section 42(1) or 45(1);

(d) remit the decision whether to confirm the decision, or any matter relating to that decision (including the date on which the variation or revocation takes effect), to the OfS.

(5) In the case of an appeal under subsection (1)(a) against a decision to revoke an authorisation, the Tribunal also has power to substitute for the decision any other decision that the OfS could have made.

(6) An appeal under subsection (1)(a) against a decision to revoke an authorisation may include an appeal against the decision mentioned in subsection (1)(b) regarding the date when the revocation takes effect; and in the case of such an appeal, references in subsections (2), (4) and (5) to the decision appealed against are to be read accordingly.