Part 3Regulation of gas and electricity markets
Exploitation of electricity trading and transmission arrangements
I120Final and provisional orders: appeals
1
This section applies in relation to any final or provisional order under section 25 of the Electricity Act 1989 which relates to a relevant condition (within the meaning of that section) that has effect by virtue of the exercise of the power in section 18(1).
2
The licence holder to whom the order relates may appeal to the Tribunal against the order.
3
On an appeal under this section, the Tribunal may do either or both of the following—
a
redetermine the appealed matter, in whole or in part;
b
remit the appealed matter, in whole or in part, to the Authority.
4
If the Tribunal redetermines the appealed matter, the Tribunal may do one or more of the following—
a
uphold the order, in whole or in part;
b
set aside the order, in whole or in part;
c
substitute for the order, in whole or in part, the Tribunal's own final or provisional order.
5
Unless the Tribunal orders otherwise, an obligation of a person to comply with the order is not affected by the making of an appeal under this section against the order.
6
Subsections (2) to (5) do not restrict the power to make Tribunal rules; and those subsections are subject to Tribunal rules.
7
Except as provided by this section, the validity of the order may not be questioned by any legal proceedings whatever.
8
A decision of the Tribunal on an appeal under this section has the same effect as, and may be enforced in the same manner as, a decision of the Authority.
9
In this section—
“appealed matter” means the matter to which the order relates;
“Tribunal” means the Competition Appeal Tribunal;
“Tribunal rules” means rules under section 15 of the Enterprise Act 2002.