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- If in an appeal under section 97 the court considers—
- that the notice or decision against which the appeal is brought is not in accordance with the law; or
- that the notice or decision involved an exercise of discretion by the Regulator that ought to have been exercised differently,
- the court must allow the appeal and may set aside the notice or substitute such other notice or decision as should have been served or made by the Regulator.
- In such an appeal, the court may review any determination of fact on which the notice in question was based.