PART IIGAS SUPPLY AND ASSOCIATED ACTIVITIES

F1Appeal from decisions of the Authority

Annotations:

Appeal to the CMA14B

1

An appeal lies to the CMA against a decision by the Authority to proceed with the modification of a condition of a licence under Article 14.

2

An appeal may be brought under this Article only by—

a

a relevant licence holder (within the meaning of Article 14);

b

any other person who holds a licence of any type under Article 8(1) whose interests are materially affected by the decision;

c

a qualifying body or association in the capacity of representing a person falling within sub-paragraph (a) or (b);

d

the General Consumer Council in the capacity of representing consumers whose interests are materially affected by the decision.

3

The permission of the CMA is required for the bringing of an appeal under this Article.

4

The CMA may refuse permission to bring an appeal only on one of the following grounds—

a

in relation to an appeal brought by a person falling within paragraph (2)(b), that the interests of the person are not materially affected by the decision;

b

in relation to an appeal brought by a qualifying body or association, that the interests of the person represented are not materially affected by the decision;

c

in relation to an appeal brought by the General Consumer Council, that the interests of the consumers represented are not materially affected by the decision;

d

in relation to any appeal—

i

that the appeal is brought for reasons that are trivial or vexatious;

ii

that the appeal has no reasonable prospect of success.

5

References in this Article to a qualifying body or association are to a body or association whose functions are or include representing persons in respect of interests of theirs which are materially affected by the decision in question.