Article 4 Exclusion of decisions

(1)

No appeal shall lie to the Competition Commission under section 173 of the Act from a decision made by GEMA on or after the date on which this Order comes into force, which consists in the giving or refusal of a consent by virtue of which a document designated in article 3 has effect or would have had effect as mentioned in section 173(2)(c) of the Act, if the relevant condition is satisfied in respect of that decision.

(2)

For the purpose of paragraph (1), the relevant condition is—

(a)

in the case of a decision in relation to the Balancing and Settlement Code, the condition in article 5(1);

(b)

in the case of a decision in relation to the Connection and Use of System Code, the condition in article 6(1);

(c)

in the case of a decision in relation to a Network Code, the condition in article 7(1);

(d)

in the case of a decision in relation to the Supply Point Administration Agreement, the condition in article 8(1);

(e)

in the case of a decision in relation to the Master Registration Agreement, the condition in article 9(1); and

(f)

in the case of a decision in relation to the Uniform Network Code, the condition in article 10(1).