Textual Amendments
F1Sch. C1 inserted (29.6.2021) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), ss. 10(7)(b), 21(3)-(7), Sch. 6; S.I. 2021/748, reg. 2(b)
7(1)A person may appeal to the Competition Appeal Tribunal against a penalty imposed on the person under paragraph 2, 3 or 4.U.K.
(2)The appeal may be against one or more of the following—
(a)a decision to impose a penalty;
(b)a decision as to the amount of the penalty;
(c)in the case of a penalty calculated entirely or partly by reference to a daily amount, a decision as to the period during which daily amounts accumulate;
(d)a decision as to the period allowed for payment of the penalty.
(3)Where a person appeals under this paragraph against a penalty, the CAA may not require the person to pay the penalty until the appeal is decided or withdrawn.
(4)In any appeal where the commission of an offence under section 101 is an issue requiring determination, the CAA must prove that offence according to the same burden and standard of proof as in a criminal prosecution.
8(1)The Competition Appeal Tribunal may allow an appeal under paragraph 7 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—U.K.
(a)that the decision was based on an error of fact;
(b)that the decision was wrong in law;
(c)that an error was made in the exercise of a discretion.
(2)It may—
(a)confirm or set aside the penalty;
(b)give the CAA any directions that it considers appropriate, including directions about the time within which the CAA must act.
(3)It may not direct the CAA to do anything that the CAA would not have the power to do apart from the direction.
(4)When deciding an appeal under paragraph 7 (including giving directions), the Competition Appeal Tribunal must have regard to the matters in respect of which duties are imposed on the CAA by section 2.
9(1)An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 8, including a direction.U.K.
(2)An appeal under this paragraph may be brought by a party to the proceedings before the Competition Appeal Tribunal.
(3)An appeal may not be brought under this paragraph without the permission of—
(a)the Competition Appeal Tribunal, or
(b)the appropriate court.
(4)“The appropriate court”—
(a)in the case of an appeal from proceedings in England and Wales or Northern Ireland, means the Court of Appeal;
(b)in the case of an appeal from proceedings in Scotland, means the Court of Session.]