SCHEDULES

SCHEDULE 8 Appeals

Part I General

Decisions of the tribunal

3

F3A1

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 F1Tribunal must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal.

2

The F1Tribunal 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 F5CMA ,

b

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

c

F4grant or cancel an individual exemption or vary any conditions or obligations imposed in relation to the exemption by the F5CMA ,

d

give such directions, or take such other steps, as the F5CMA could F2itself have given or taken, or

e

make any other decision which the F5CMA could F2itself have made.

3

Any decision of the F1Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision of the F5CMA .

4

If the F1Tribunal 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.