SCHEDULES

SCHEDULE 8 Appeals

Sections 46(5) and 48(4).

Part I General

Interpretation

F31

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General procedure

2

1

An appeal to the F5Tribunal under section 46 or 47 must be made by sending a notice of appeal to it within the specified period.

C12

The notice of appeal must set out the grounds of appeal in sufficient detail to indicate—

a

under which provision of this Act the appeal is brought;

b

to what extent (if any) the appellant contends that the decision against, or with respect to which, the appeal is brought was based on an error of fact or was wrong in law; and

c

to what extent (if any) the appellant is appealing against the F7OFT’s exercise of its discretion in making the disputed decision.

3

The F6Tribunal may give an appellant leave to amend the grounds of appeal identified in the notice of appeal.

F44

In this paragraph references to the Tribunal are to the Tribunal as constituted (in accordance with section 14 of the Enterprise Act 2002) for the purposes of the proceedings in question.

5

Nothing in this paragraph restricts the power under section 15 of the Enterprise Act 2002 (Tribunal rules) to make provision as to the manner of instituting proceedings before the Tribunal.

Decisions of the tribunal

3

F11A1

This paragraph applies to any appeal under section 46 or 47 other than—

a

an appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g) or (h) of that section, and

b

an appeal under section 47(1)(b) or (c).

1

The F8Tribunal must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal.

2

The F8Tribunal may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may—

a

remit the matter to the F1OFT,

b

impose or revoke, or vary the amount of, a penalty,

c

F12grant or cancel an individual exemption or vary any conditions or obligations imposed in relation to the exemption by the F1OFT,

d

give such directions, or take such other steps, as the F1OFT could F9itself have given or taken, or

e

make any other decision which the F1OFT could F9itself have made.

3

Any decision of the F8Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision of the F1OFT.

4

If the F8Tribunal confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.

F103A

1

This paragraph applies to—

a

any appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g) or (h) of that section, and

b

any appeal under section 47(1)(b) or (c).

2

The Tribunal must, by reference to the grounds of appeal set out in the notice of appeal, determine the appeal by applying the same principles as would be applied by a court on an application for judicial review.

3

The Tribunal may—

a

dismiss the appeal or quash the whole or part of the decision to which it relates; and

b

where it quashes the whole or part of that decision, remit the matter back to the OFT with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal.

F24

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Part II Rules

Registrar of Appeal Tribunals

F25

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Notice of appeal

F26

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Response to the appeal

F27

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Pre-hearing reviews and preliminary matters

F28

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Conduct of the hearing

F29

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Interest

F210

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Fees

F211

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Withdrawing an appeal

F212

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Interim orders

F213

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Miscellaneous

F214

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