Part 2Networks, services and the radio spectrum
Chapter 3Disputes and appeals
Appeals
F1194ADisposal of appeals under section 192 (other than against certain decisions of Secretary of State)
(1)
This section applies to an appeal against a decision referred to in section 192(1)(a), (b), (c), (d)(iii) or (e).
(2)
The Tribunal must decide the appeal, by reference to the grounds of appeal set out in the notice of appeal, by applying the same principles as would be applied by a court on an application for judicial review.
F2(2A)
In a case where the appeal is against a relevant security decision of OFCOM, the Tribunal is to apply those principles without taking any special account of the merits of the case.
(2B)
(3)
The Tribunal may—
(a)
dismiss the appeal or quash the whole or part of the decision to which it relates; and
(b)
where it quashes the whole or part of that decision, remit the matter back to the decision-maker with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal.
(4)
The decision-maker must comply with a direction under subsection (3)(b).
(5)
In its application to a decision of the Tribunal under this section, paragraph 1(2)(b) of Schedule 4 to the Enterprise Act 2002 (exclusion of commercial information from documents recording Tribunal decisions) is to have effect as if, for the reference to the undertaking to which commercial information relates, there were substituted a reference to any person to whom it relates.
(6)
In this section
F5“assimilated case law” has the meaning given by section 6(7) of the European Union (Withdrawal) Act 2018;
“the decision-maker” means the person who made the decision appealed against;
F6“relevant security decision” means a decision under any of sections 105I, 105L to 105O and 105U to 105W;
F7...