Part 2Networks, services and the radio spectrum

Chapter 3Disputes and appeals

Appeals

193Reference of price control matters to the F1CMA

(1)

Tribunal rules must provide in relation to appeals under section 192(2) relating to price control that the price control matters arising in that appeal, to the extent that they are matters of a description specified in the rules, must be referred by the Tribunal to the F2CMA for determination.

(2)

Where a price control matter is referred in accordance with Tribunal rules to the F3CMA for determination, F4the determination of the matter is to be carried out on behalf of the CMA by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, and F5, having regard to the principles to be applied by the Tribunal under section 194A(2), is to be performed—

(a)

in accordance with the provision made by the rules;

(b)

in accordance with directions given to F6the CMA by the Tribunal in exercise of powers conferred by the rules; and

(c)

subject to the rules and any such directions, using such procedure as the F7CMA consider appropriate.

(3)

The provision that may be made by Tribunal rules about the determination of a price control matter referred to the F8CMA in accordance with the rules includes provision about the period within which that matter is to be determined by F9the CMA .

(4)

Where the F10CMA determines a price control matter in accordance with Tribunal rules, they must notify the Tribunal of the determination they have made.

(5)

The notification must be given as soon as practicable after the making of the notified determination.

(6)

Where a price control matter arising in an appeal is required to be referred to the F11CMA under this section, the Tribunal, in deciding the appeal F12..., must decide that matter in accordance with the determination of F13the CMA .

(7)

Subsection (6) does not apply to the extent that the Tribunal decides, applying the principles applicable on an application for judicial review, that the determination of the F14CMA is a determination that would fall to be set aside on such an application.

(8)

Section 117 of the Enterprise Act 2002 (c. 40) (offences of supplying false or misleading information) shall have effect in relation to information supplied to the F14CMA in connection with their functions under this section as it has effect in relation to information supplied to them in connection with their functions under Part 3 of that Act.

(9)

For the purposes of this section an appeal relates to price control if the matters to which the appeal relates are or include price control matters.

(10)

In this section F15and section 193A “price control matter” means a matter relating to the imposition of any form of price control by an SMP condition the setting of which is authorised by—

(a)

section 87(9);

(b)

section 91; or

(c)

section 93(3).