(1) In determining an appeal against an appealable decision, the Appeals Tribunal shall decide what the correct and preferable decision is having regard to the material then before it, including -
(a) any relevant factual material, and
(b) any applicable enactment or other law.
(2) As soon as possible after finishing the hearing of an appeal against an appealable decision, the Appeals Tribunal shall do one of the following:
(a) affirm the decision, or
(b) vary the decision, or
(c) substitute for the decision any appropriate decision that the Bank could have lawfully made in relation to the matter concerned, or
(d) remit the matter concerned for reconsideration by the Bank, together with any recommendation or direction of the Appeals Tribunal as to what aspects of the matter should be reconsidered and, in the case of an appealable decision made under Part IIIC, set aside the decision.
(2A) Paragraphs (b) and (c) of subsection (2) apply only to a decision which is an appealable d
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