The Competition Appeal Tribunal (Amendment and Communications Act Appeals) Rules 2004

Appeals under repealed enactments

6.  If an appeal under section 1F of the Wireless Telegraphy Act 1949(1) or section 46B of the Telecommunications Act 1984(2) (“the old appeal”) is stayed or sisted under subparagraph (3) of paragraph 23 of Schedule 18 to the Act and a new appeal is brought under subparagraph (4) of that paragraph–

(a) all pleadings and (except in Scotland) written evidence in the old appeal shall be treated as pleadings and written evidence in the new appeal,

(b) all other steps taken and things done in the old appeal shall be taken into account in the new appeal to the extent directed by the Tribunal, and

(c) the Tribunal may give directions to OFCOM as to the carrying out of their functions which are the same as or correspond to directions which could have been given by the court before 25^th July 2003 under subsection (4) of the said section 1F or (as the case may be) 46B.

(1)

1949 c. 54; section 1F is repealed by the Communications Act 2003(c. 21), section 406(7) and Schedule 19.

(2)

Section 46B is repealed by the Communications Act 2003(c. 21), section 406(7) and Schedule 19.