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Section 11F CMA's powers on allowing appealF1F7C1

United Kingdom

(1)

This section applies where the F2CMA allows an appeal to any extent.

(2)

If the appeal is in relation to a price control decision, the F3CMA must do one or more of the following—

(a)

quash the decision (to the extent that the appeal is allowed);

(b)

remit the matter back to the Authority for reconsideration and determination in accordance with any directions given by the CMA ;

(c)

substitute the F4CMA's decision for that of the Authority (to the extent that the appeal is allowed) and give any directions to the Authority or any other party to the appeal.

(3)

If the appeal is in relation to any other decision, the F5 CMA must do one or both of the following—

(a)

quash the decision (to the extent that the appeal is allowed);

(b)

remit the matter back to the Authority for reconsideration and determination in accordance with any directions given by the CMA .

(4)

A direction under subsection (2) or (3) must not require a person to do anything that the person would not have power to do (apart from the direction).

(5)

A person to whom a direction is given under that subsection must comply with it.

(6)

A direction given under that subsection to a person other than the Authority is enforceable as if it were an order of the High Court or (in Scotland) an order of the Court of Session.

(7)

For the purposes of this section a decision is a price control decision, in relation to the modification of a condition of a licence, if the purpose of the condition is, in the F6CMA's opinion, to limit or control the charges on, or the revenue of, the holder of the licence.

(8)

In determining for the purposes of subsection (7) what the purpose of a condition is the condition may be assessed on its own or in combination with any other conditions of the licence.

(9)

In this section and sections 11G and 11H any reference to a party to an appeal is to be read in accordance with Schedule 5A.

Annotations

Textual amendments

F1

Ss. 11C-11H and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 43(8) (with reg. 44)

F2

Word in s. 11F(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 34(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3

Word in s. 11F(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 34(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4

Word in s. 11F(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 34(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5

Word in s. 11F(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 34(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F6

Word in s. 11F(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 34(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F7

Word in s. 11F heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 34(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Modifications

C1

Ss. 11C-11H applied (with modifications) (1.6.2022) by Nuclear Energy (Financing) Act 2022 (c. 15), s. 10(2)-(4), 44(2)

Notes on Part I

Modifications

C1

Pt. I modified (5.10.2004) by Energy Act 2004 (c. 20), ss. 184(12), 185(13), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

C2

Pt. I modified (S.) (30.11.2005) by The Electricity from Non-Fossil Fuel Sources (Scotland) Saving Arrangements Order 2005 (S.S.I. 2005/549), arts. 1(1), 9

C3

Pt. 1 excluded (30.12.2015) by The Port Talbot Steelworks Generating Station Order 2015 (S.I. 2015/1984), arts. 1, 7(2) (with art. 26)

C4

Pt. I (ss. 1-64) applied (1.10.2001) by S.I. 2001/3264, regs. 4(2), 5(2)

C5

Pt. I (ss. 1-64) amended (E.W.) (27.10.2000) by S.I. 2000/2727, art. 10

Pt. I (ss. 1-64) amended (7.11.2000) by 2000 c. 27, s. 105(1)(a); S.I. 2000/2974, art. 2, Sch. (subject to transitional provisions in arts. 3-12)

Pt. I (ss. 1-64) amended (E.W.) (1.10.2001) by S.I. 2000/2727, art. 10 (as substituted (1.10.2001) by S.I. 2001/3268, art. 2(13))