OpenLegislation

Regulation 7 Addition of interveners

Original text. Later amendments are not shown.

(1)

This regulation applies if a person falling within paragraph (2) gives notice to the CMA asking to become an intervener—

(a)

within 20 working days following the day of the making of an application for permission to appeal; or

(b)

within such longer period as an authorised member of the CMA may allow.

(2)

A person falls within this paragraph if the person is not the applicant for permission, but is a person who would have been entitled, at the time of the application, to make their own application to the CMA for permission to appeal against the decision in question.

(3)

A person who gives a notice under paragraph (1) must send a copy of the notice, and such other information as may be required by appeal rules to—

(a)

the Authority;

(b)

the applicant;

(c)

such persons (apart from the Authority) as appear to that person to be affected by the decision appealed against; and

(d)

such other persons as the Authority may require that person to keep informed about the appeal.

(4)

A person who gives notice under paragraph (1) must comply with the obligations in paragraph (3)(a) to (c) on the day that person gives notice to the CMA.

(5)

An authorised member of the CMA may give a direction that a person who gives notice under paragraph (1) is to be an intervener.

(6)

An authorised member of the CMA is not to give a direction under this regulation if the member considers that it would prevent the determination of the appeal within the period allowed by regulation 11.

(7)

Where a direction is given under this regulation—

(a)

the application for permission; and

(b)

if permission is or has been granted, the appeal brought by the applicant and any other appeals that are considered with it;

are to proceed (subject to any direction under paragraph (8)(b)) as if the intervener had joined with the applicant in making that application and bringing the appeal.

(8)

A direction under this regulation—

(a)

does not allow the intervener to rely on grounds of appeal not contained in the application for permission to appeal;

(b)

may allow the intervener to become a party to the appeal for the purpose of opposing it; and

(c)

may be given subject to conditions.

(9)

The conditions under paragraph (8)(c) may include—

(a)

conditions which limit the matters that are to be considered on the appeal;

(b)

conditions for the purpose of expediting the determination of the appeal.