Regulation 18 Determination of appeals
This regulation applies to every appeal brought under regulation 4.
The CMA may allow the appeal only if it is satisfied that the Authority decision appealed against was wrong on one or more of the following grounds—
that the Authority failed properly to have regard to the matters mentioned in regulation 12(2);
that the Authority failed properly to have regard to the purposes, listed in column 3 of the table in the Schedule, for which the designated code in question was issued;
that the Authority failed to give the appropriate weight to one or more of those matters or purposes;
that the Authority’s decision was based, wholly or partly, on an error of fact;
that the Authority’s decision was wrong in law.
Where the CMA does not allow the appeal, it must confirm the Authority decision appealed against.
Where the CMA allows the appeal, it must do one or more of the following—
quash the Authority decision appealed against or part of it;
remit the matter to the Authority for reconsideration and redetermination in accordance with any directions given by the CMA;
where it quashes an Authority decision not to revise a code or part of it, give directions to the Authority as it considers appropriate for securing that the relevant designated code has effect as if it had been revised as proposed or with modifications.
The Authority must not be directed under paragraph (4) to do anything that it would not have power to do.
The decision of the CMA on the appeal—
must be contained in an order made by the CMA which sets out the reasons for the decision;
takes effect at the time specified in the order or determined in accordance with provision set out in that order;
must be notified by the CMA to the parties to the appeal; and
must be published by the CMA in such manner as it considers appropriate for bringing it to the attention of other persons likely to be affected by it.
The CMA may exclude from what it publishes under paragraph (6)(d) any information which it is satisfied is—
commercial information the disclosure of which would, or might, significantly harm the legitimate business interests of an undertaking to which it relates;
information relating to the private affairs of an individual the disclosure of which would, or might, in its opinion, significantly harm that individual’s interests.