PART IIGAS SUPPLY AND ASSOCIATED ACTIVITIES
F1Appeal from decisions of the Authority
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.
Arts. 14-14G substituted (6.2.2015) for art. 14 by Gas and Electricity Licence Modification and Appeals Regulations (Northern Ireland) 2015 (S.R. 2015/1), reg. 3(1) (with reg. 5)