44 Determination of appeals

44  Determination of appeals

(1)     Subject to the following provisions of this Chapter, where an appeal is brought under section 43 above, the Secretary of State—

(a)     may allow or dismiss the appeal or reverse or vary any part of the decision of the [appropriate agency], whether the appeal relates to that part of the decision or not; and

(b)     may deal with the application as if it had been made to him in the first instance;

and for the purposes of this section an appeal by virtue of section 43(1)(b) above shall be taken to be an appeal against a refusal of the application.

(2)     Before determining an appeal under section 43 above, the Secretary of State may, if he thinks fit—

(a)

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