OpenLegislation

Section 193 Reference of price control matters to the CMAI1I2

United Kingdom

(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 F1CMA for determination.

(2)

Where a price control matter is referred in accordance with Tribunal rules to the F2CMA for determination, F3the 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 F4, 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 F5the 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 F6CMA consider appropriate.

(3)

The provision that may be made by Tribunal rules about the determination of a price control matter referred to the F7CMA in accordance with the rules includes provision about the period within which that matter is to be determined by F8the CMA .

(4)

Where the F9CMA 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 F10CMA under this section, the Tribunal, in deciding the appeal F11..., must decide that matter in accordance with the determination of F12the 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 F13CMA 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 CMA 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 F14and 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).

Annotations

Textual amendments

F1

Word in s. 193(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F2

Word in s. 193(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3

Words in s. 193(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4

Words in s. 193(2) substituted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 87(2), 118(6) (with s. 87(12)); S.I. 2017/765, reg. 2(w)

F5

Words in s. 193(2)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(3)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6

Word in s. 193(2)(c) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(3)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7

Word in s. 193(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(4)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F8

Words in s. 193(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(4)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F9

Word in s. 193(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F10

Word in s. 193(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(6)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F11

Words in s. 193(6) omitted (31.7.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 87(3), 118(6) (with s. 87(12)); S.I. 2017/765, reg. 2(w)

F12

Words in s. 193(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(6)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F13

Word in s. 193(7)(8) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(7); S.I. 2014/416, art. 2(1)(d) (with Sch.); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F14

Words in s. 193(10) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 15 para. 44; S.I. 2014/416, art. 2(1)(f) (with Sch.)

F15

Word in s. 193 heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 98(8); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Commencement

I1

S. 193 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

I2

S. 193 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)