Communications Act 2003

193 Reference of price control matters to the [F1 CMA] U.K.

(1) Tribunal rules must provide in relation to appeals under section 192(2) relating to price control that the price control matters arising in that appeal, to the extent that they are matters of a description specified in the rules, must be referred by the Tribunal to the [F2 CMA] for determination.

(2) Where a price control matter is referred in accordance with Tribunal rules to the [F3 CMA] for determination, [F4 the determination of the matter is to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, and [F5 , having regard to the principles to be applied by the Tribunal under section 194A(2), is to be performed]]—

(a) in accordance with the provision made by the rules;

(b) in accordance with directions given to [F6 the CMA] by the Tribunal in exercise of powers conferred by the rules; and

(c) subject to the rules and any such directions, using such procedure as the [F7 CMA] consider appropriate.

(3) The provision that may be made by Tribunal rules about the determination of a price control matter referred to the [F8 CMA] in accordance with the rules includes provision about the period within which that matter is to be determined by [F9 the CMA] .

(4) Where the [F10 CMA] determines a price control matter in accordance with Tribunal rules, they must notify the Tribunal of the determination they have made.

(5) The notification must be given as soon as practicable after the making of the notified determination.

(6) Where a price control matter arising in an appeal is required to be referred to the [F11 CMA] under this section, the Tribunal, in deciding the appeal F12 ..., must decide that matter in accordance with the determination of [F13 the CMA] .

(7) Subsection (6) does not apply to the extent that the Tribunal decides, applying the principles applicable on an application for judicial review, that the determination of the [F14 CMA] is a determination that would fall to be set aside on such an application.

(8) Section 117 of the Enterprise Act 2002 (c. 40) (offences of supplying false or misleading information) shall have effect in relation to information supplied to the [F14 CMA] in connection with their functions under this section as it has effect in relation to information supplied to them in connection with their functions under Part 3 of that Act.

(9) For the purposes of this section an appeal relates to price control if the matters to which the appeal relates are or include price control matters.

(10) In this section [F15 and section 193A] “price control matter” means a matter relating to the imposition of any form of price control by an SMP condition the setting of which is authorised by—

(a) section 87(9);

(b) section 91; or

(c) section 93(3).

Textual Amendments

F1 Word in s. 193 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(8); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2 Word in s. 193(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3 Word in s. 193(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4 Words in s. 193(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5 Words in s. 193(2) substituted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 87(2), 118(6) (with s. 87(12)); S.I. 2017/765, reg. 2(w)

F6 Words in s. 193(2)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(3)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7 Word in s. 193(2)(c) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(3)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F8 Word in s. 193(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(4)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F9 Words in s. 193(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(4)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F10 Word in s. 193(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F11 Word in s. 193(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(6)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F12 Words in s. 193(6) omitted (31.7.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 87(3), 118(6) (with s. 87(12)); S.I. 2017/765, reg. 2(w)

F13 Words in s. 193(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(6)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F14 Word in s. 193(7)(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(7); S.I. 2014/416, art. 2(1)(d) (with Sch.); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F15 Words in s. 193(10) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 44; S.I. 2014/416, art. 2(1)(f) (with Sch.)

Commencement Information

I1 S. 193 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

I2 S. 193 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)