Determination of appeals

92.(1) Where on an appeal under section 91(1) the Tribunal considers

(a) that the notice against which the appeal is brought is not in accordance with this Act or any regulations made thereunder; or

(b) to the extent that the notice involved an exercise of discretion by the Commissioner, and it is determined that the Commissioner ought to have exercised his discretion differently,

the Tribunal shall allow the appeal or substitute such other notice or decision as could have been served or made by the Commissioner and in any other case the Tribunal shall dismiss the appeal.

(2) Upon appeal pursuant to subsection (1), the Tribunal may review any determination of fact on which the notice in question was based.

(3) Where on an appeal under 91(2) the Tribunal considers that the enforcement notice ought to be cancelled or varied by reason of a change in circumstances, the Tribunal shall cancel or vary the notice.

(4) On an appeal under 91(3) the Tribunal may direct

(a) that the notice in question shall have effect as if it did not contain any such statement as is mentioned in that subsection; or

(b) that the inclusion of the statement in accordance with section 76(3), section 79(5) or 80(6) shall not have effect in relation to any part of the notice, and may make such modifications in the notice as may be required for giving effect to the direction.

(5) On an appeal under section 91(4), the Tribunal may cancel the determination of the Commissioner.

(6) Any party to an appeal to the Tribunal under section 91 may appeal from the decision of the Tribunal on a point of law to the High Court.