[F112FDetermination by CMA of appealE+W
(1)This section applies to an appeal brought under section 12D.
(2)In determining an appeal, the CMA must have regard, to the same extent as is required of the Authority, to—
(a)the Authority’s duties under section 2, and
(b)the Authority’s strategic priorities and objectives as set out in a statement under section 2A.
(3)In determining the appeal the CMA—
(a)may have regard to any matter to which the Authority was not able to have regard in relation to the decision which is the subject of the appeal, but
(b)must not, in the exercise of that power, have regard to any matter to which the Authority would not have been entitled to have regard in reaching its decision had it had the opportunity of doing so.
(4)The CMA may allow the appeal only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
(a)that the Authority failed properly to have regard to any matter mentioned in subsection (2),
(b)that the Authority failed to give appropriate weight to any matter mentioned in subsection (2),
(c)that the decision was based, wholly or partly, on an error of fact,
(d)that the modifications fail to achieve, in whole or in part, the effect stated by the Authority by virtue of section 12A(9)(b),
(e)that the Authority did not follow the procedure required by sections 12A to 12C, or
(f)that the decision was otherwise wrong in law.
(5)To the extent that the CMA does not allow the appeal, it must confirm the decision appealed against.]
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)