[F112DAppeal to the CMAE+W
(1)An appeal lies to the CMA against a decision by the Authority to proceed with the modification under section 12A of a condition of an appointment under this Chapter.
(2)An appeal may be brought under this section only by—
(a)a company holding an appointment under this Chapter the conditions of which the Authority has decided to modify,
(b)any other company holding an appointment under this Chapter, any water supply licensee or any sewerage licensee, whose interests are materially affected by the decision,
(c)a person whose functions are or include representing those within paragraph (a) or (b) in respect of interests of theirs which are materially affected by the decision, or
(d)the Consumer Council for Water.
(3)The permission of the CMA is required for the bringing of an appeal under this section.
(4)The CMA may refuse permission only on one of the following grounds—
(a)in relation to an appeal brought by a company, water supply licensee or sewerage licensee within subsection (2)(b), that the interests of the company or licensee are not materially affected by the decision;
(b)in relation to an appeal brought by a person within subsection (2)(c), that the interests of the person represented are not materially affected by the decision;
(c)in relation to any appeal, that the appeal is brought for reasons that are trivial or vexatious, or has no reasonable prospect of success.]
Textual Amendments
F1Ss. 12A-12I and cross-heading inserted (24.1.2022) by Environment Act 2021 (c. 30), ss. 86(2), 147(3) (with s. 144); S.I. 2022/48, reg. 2(m)