SCHEDULES
SCHEDULE 4Appeals against revocation of licence
1Appeals against revocation of licence
1
A person may appeal to the Competition Appeal Tribunal against—
a
a notice under section 48(1) revoking a licence, and
b
a further notice under section 48(9) withdrawing a notice revoking a licence,
unless the notice or further notice was given in accordance with a direction given by the Competition Appeal Tribunal under this Schedule.
2
The appeal may be against one or more of the following—
a
a decision to give the notice or further notice;
b
in the case of an appeal under sub-paragraph (1)(a), a decision as to the day on which revocation takes effect.
3
The making of an appeal under this paragraph against a notice under section 48(1) revoking a licence—
a
suspends the effect of the notice until the appeal is decided or withdrawn, and
b
extends the period specified in the notice until the appeal is decided or withdrawn.
4
The making of an appeal under this paragraph against a further notice under section 48(9) withdrawing a notice revoking a licence—
a
suspends the effect of the further notice until the appeal is decided or withdrawn, and
b
extends the period specified in the notice revoking the licence until the appeal is decided or withdrawn.
2Notice of appeal
1
An appeal under paragraph 1 must be made by sending a notice of appeal to the Registrar of the Competition Appeal Tribunal.
2
The notice must be received by the Registrar before the end of the period of 30 days beginning with the relevant day.
3
In the case of an appeal under paragraph 1(1)(a) “the relevant day” means the later of—
a
the day on which the CAA publishes the notice under section 48(1) revoking the licence, and
b
the day on which the CAA publishes a notice extending the period on which the notice revoking the licence takes effect.
4
5
Sub-paragraphs (1) and (2) have effect subject to provision in rules made under section 15 of the Enterprise Act 2002 (Tribunal rules) after this Schedule comes into force—
a
as to the person to whom a notice of an appeal under paragraph 1 must be given;
b
providing that such a notice must be received within a longer or shorter period beginning with the relevant day.
3Decisions on appeal
1
The Competition Appeal Tribunal may allow an appeal under paragraph 1 only to the extent that it is satisfied that the decision appealed against was wrong on one or more of the following grounds—
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 notice that is the subject of the appeal;
b
give the CAA such directions as 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 power to do apart from the direction.
4
The CAA must comply with directions under this paragraph.
5
When deciding an appeal under paragraph 1 (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 1.
4Further appeals
1
An appeal lies to the appropriate court on a point of law arising from a decision of the Competition Appeal Tribunal under paragraph 3, including a direction.
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” means—
a
in the case of an appeal from proceedings in England and Wales and Northern Ireland, the Court of Appeal, or
b
in the case of an appeal from proceedings in Scotland, the Court of Session.