SCHEDULES

SCHEDULE 5Proceedings under Part 1 of the 1998 Act

Section 21

1

Part 1 of the 1998 Act is amended as follows.

I12

In section 46 (appealable decisions)—

a

in subsections (1) and (2), for “the Competition Commission” there is substituted “ the Tribunal ”;

b

in subsection (3) (in the full-out words), after “other decision” there is inserted “ under this Part ”;

c

subsection (3)(h) shall cease to have effect.

3

Section 48 (appeal tribunals) shall cease to have effect.

I24

For section 49 there is substituted—

49 Further appeals

1

An appeal lies to the appropriate court—

a

from a decision of the Tribunal as to the amount of a penalty under section 36;

b

from a decision of the Tribunal as to the award of damages or other sum in respect of a claim made in proceedings under section 47A or included in proceedings under section 47B (other than a decision on costs or expenses) or as to the amount of any such damages or other sum; and

c

on a point of law arising from any other decision of the Tribunal on an appeal under section 46 or 47.

2

An appeal under this section—

a

may be brought by a party to the proceedings before the Tribunal or by a person who has a sufficient interest in the matter; and

b

requires the permission of the Tribunal or the appropriate court.

3

In this section “the appropriate court” means the Court of Appeal or, in the case of an appeal from Tribunal proceedings in Scotland, the Court of Session.

5

In section 58(1) (findings of fact by director)—

a

in paragraph (a), after “appeal” there is inserted “ under section 46 or 47 ”; and

b

in paragraph (b), for “an appeal tribunal” there is substituted “ the Tribunal ”.

6

In section 59(1) (interpretation of Part 1)—

a

the definition of “appeal tribunal” shall cease to have effect;

b

after the definition of “the Treaty” there is inserted—

“the Tribunal” means the Competition Appeal Tribunal;

“Tribunal rules” means rules under section 15 of the Enterprise Act 2002.

7

1

Schedule 7 (the Competition Commission) is amended as follows.

2

In paragraph 1 (interpretation)—

a

the definitions of “appeal panel member” and “the President” shall cease to have effect; and

b

in the definition of “general functions”, paragraph (a) and the word “or” after it shall cease to have effect.

3

In paragraph 2 (membership), sub-paragraphs (1)(a), (3)(a) and (4) shall cease to have effect.

4

Paragraph 4 (the President) shall cease to have effect.

5

In paragraph 5 (the Council)—

a

sub-paragraph (2)(b), and

b

in sub-paragraph (3), the words “and paragraph 5 of Schedule 8”,

shall cease to have effect.

6

Part 3 (appeals) shall cease to have effect.

8

1

Schedule 8 (appeals) is amended as follows.

2

Paragraph 1 shall cease to have effect.

3

In paragraph 2 (general procedure for appeals under Part 1)—

a

in sub-paragraph (1), for the words from “Competition” to “Commission” (in the second place it appears) there is substituted “ Tribunal under section 46 or 47 must be made by sending a notice of appeal to it ”;

b

in sub-paragraph (3), for “tribunal” there is substituted “ Tribunal ”; and

c

after sub-paragraph (3) there is inserted—

4

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.

4

In paragraph 3, for “tribunal” (in each place) there is substituted “ Tribunal ”.

5

Paragraphs 4 to 14 shall cease to have effect.