Paragraph 3A F1

United Kingdom

(1)

This paragraph applies to—

(a)

any appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g) F2, (h), (ha) or (hb) of that section, and

(b)

any appeal under section 47(1)(b) F3, (c), (d) or (e).

(2)

The Tribunal must, by reference to the grounds of appeal set out in the notice of appeal, determine the appeal by applying the same principles as would be applied by a court on an application for judicial review.

(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 F4CMA with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal.

Annotations

Textual amendments

F1: Sch. 8 para. 3A inserted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), reg. 1(a), Sch. 1 para. 53(4) (with reg. 8)
F2: Words in Sch. 8 para. 3A(1)(a) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 124(4)(a), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 3, 20)
F3: Words in Sch. 8 para. 3A(1)(b) substituted (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 124(4)(b), 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(2) (with Sch. para. 3, 20)
F4: Word in Sch. 8 para. 3A(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 57(4) (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Notes on the whole Act

Textual amendments

F1: Words in long title substituted (1.5.2004) by The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 (S.I. 2004/1261), Sch. 1 para. 1