SCHEDULES

F1SCHEDULE A1Appeals under section 19A

Annotations:

PART 5General

Interpretation

27

1

In this Schedule—

  • appeal” means an appeal under section 19A;

  • authorised member of the CMA” has the meaning given in sub-paragraph (2);

  • CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;

  • intervener”, in relation to an appeal, means a person who has been granted permission to intervene in the appeal and who has not withdrawn from the appeal;

  • prescribed aerodrome” has the meaning given in section 19A(3);

  • statement of truth”, in relation to the production of a statement or in relation to information provided by a person, means a statement that the person producing that statement or providing that information believes the facts contained in the statement or the information to be true.

2

In this Schedule “authorised member of the CMA”—

a

in relation to a power exercisable in connection with an appeal, application or direction in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power; and

b

in relation to a power exercisable in connection with an appeal, application or direction in respect of which a group has not been so constituted by the chair of the CMA, means—

i

any member of the CMA Board who is also a member of the CMA panel, or

ii

any member of the CMA panel authorised by the Secretary of State (whether generally or specifically) to exercise the power in question.

3

For the purposes of this Schedule and sections 19D and 19E, a person has a qualifying interest in a decision that is the subject of an appeal or an application under this Schedule if—

a

the person has been granted permission to appeal against the decision and has not withdrawn the appeal,

b

the person has applied for permission to appeal against the decision and the application has not been withdrawn or refused,

c

the person has been granted permission to intervene in an appeal against the decision and the appeal has not been withdrawn,

d

the person has applied for permission to intervene in an appeal against the decision and the application has not been withdrawn or refused, or

e

the person has applied for a direction under paragraph 6, the application has not been withdrawn or refused and any direction made in response to the application has not been withdrawn.