Energy Act 2004 (c. 20)

SCHEDULES

SCHEDULE 22 E+W+S Procedure for appeals under section 173

Interpretation of Schedule E+W+S

15 (1) In this Schedule— E+W+S

• “appeal” means an appeal under section 173;

• “appeal rules” means rules under paragraph 12;

• [F1 “authorised member of the CMA”—

  (a)

  in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;

  (b)

  in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—

  (i)

  any member of the CMA Board who is also a member of the CMA panel, or

  (ii)

  any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.]

• F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F3 “the CMA” means the Competition and Markets Authority;”]

• [F3 “CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;]

• F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “intervener” means a person who has become a party to an appeal in pursuance of a direction under paragraph 2;

• “statement of truth” means a statement that the person producing the document believes the facts stated in the document to be true;

• “working day” means any day other than—

  (a)

  Saturday or Sunday;

  (b)

  Christmas Day or Good Friday;

  (c)

  a day which is a bank holiday in England and Wales or Scotland under the Banking and Financial Dealings Act 1971 (c. 80).

(2) References in this Schedule to a party to an appeal are references to—

(a) the appellant;

(b) an intervener; or

(c) GEMA.

Textual Amendments

F1 Words in Sch. 22 para. 15(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 107(15)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Words in Sch. 22 para. 15(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 107(15)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Words in Sch. 22 para. 15(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 107(15)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 Words in Sch. 22 para. 15(1) omitted (1.4.2014) by virtue of Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 107(15)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement Information

I1 Sch. 22 para. 15 in force at 5.10.2004 by S.I. 2004/2575, art. 2(1), Sch. 1