Section 175 Determination of appealsI1C1

in the carrying out of its principal objectives under section 4AA of the Gas Act 1986 (c. 44) and section 3A of the 1989 Act (principal objectives and general duties);

in the performance of its duties under those sections; and

in the performance of its duties under sections 4AB and 4A of that Act of 1986 and sections 3B and 3C of the 1989 Act (environmental and health and safety considerations).

may have regard to any matter to which GEMA was not able to have regard in the case of the decision appealed against; but

must not, in the exercise of that power, have regard to any matter to which GEMA would not have been entitled to have regard in that case had it had the opportunity of doing so.

that GEMA failed properly to have regard to the matters mentioned in subsection (2);

that GEMA failed properly to have regard to F2—

that GEMA failed to give the appropriate weight to one or more of those matters or purposes;

that the decision was based, wholly or partly, on an error of fact;

that the decision was wrong in law.

quash the decision appealed against;

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

where it quashes the refusal of a consent, give directions to GEMA, and to such other persons as it considers appropriate, for securing that the relevant condition has effect as if the consent had been given.

must be contained in an order made by F4the CMA;

must set 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 persons who (within the meaning of Schedule 22) were 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.

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 his interests.