Regulation 12 Matters to be considered on appeal

This regulation applies to every appeal brought under regulation 4.

In determining the appeal, the CMA must have regard, to the same extent as is required of the Authority, to the matters to which the Authority must have regard in the exercise and performance of the powers and duties mentioned in section 2(1) of the Act (general duties with respect to water industry)^f1.

In determining the appeal, the CMA may have regard to any matter to which the Authority was not able to have regard in the case of the Authority decision appealed against.

In the exercise of the power in paragraph (3), the CMA must not have regard to any matter to which the Authority would not have been entitled to have regard in that case had it had the opportunity of doing so.