OpenLegislation

Section 23B Appeal to the CMAF1F10

United Kingdom

(1)

An appeal lies to the F2CMA against a decision by the Authority to proceed with the modification of a condition of a licence under section 23.

(2)

An appeal may be brought under this section only by—

(a)

a relevant licence holder (within the meaning of section 23);

(b)

any other person who holds a licence of any type under section 7, 7ZA, F3, 7A(1) or (2) F4, 7AA, 7AB or 7AC whose interests are materially affected by the decision;

(c)

a qualifying body or association in the capacity of representing a person falling within paragraph (a) or (b);

(d)

F5Citizens Advice or F6Consumer Scotland or those bodies acting jointly in the capacity of representing consumers whose interests are materially affected by the decision.

(3)

The permission of the F7CMA is required for the bringing of an appeal under this section.

(4)

The CMA may refuse permission to bring an appeal only on one of the following grounds—

(a)

in relation to an appeal brought by a person falling within subsection (2)(b), that the interests of the person are not materially affected by the decision;

(b)

in relation to an appeal brought by a qualifying body or association, that the interests of the person represented are not materially affected by the decision;

(c)

in relation to an appeal brought F8by Citizens Advice or F9Consumer Scotland or those bodies acting jointly, that the interests of the consumers represented are not materially affected by the decision;

(d)

in relation to any appeal—

(i)

that the appeal is brought for reasons that are trivial or vexatious;

(ii)

that the appeal has no reasonable prospect of success.

(5)

References in this section to a qualifying body or association are to a body or association whose functions are or include representing persons in respect of interests of theirs which are materially affected by the decision in question.

Annotations

Textual amendments

F1

Ss. 23B-23G and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 41(7) (with reg. 42)

F2

Word in s. 23B(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 16(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3

Words in s. 23B(2)(b) substituted (19.9.2012) by The Electricity and Gas (Smart Meters Licensable Activity) Order 2012 (S.I. 2012/2400), arts. 1, 24

F4

Words in s. 23B(2)(b) substituted (25.5.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(2), 2(6)

F5

Words in s. 23B(2)(d) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(6)(a) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F6

Words in s. 23B(2)(d) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(6)(a) (with art. 5)

F7

Word in s. 23B(3)(4) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 16(3); S.I. 2014/416, art. 2(1)(d) (with Sch.); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F8

Words in s. 23B(4)(c) substituted (1.4.2014) by The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014 (S.I. 2014/631), art. 1(3), Sch. 1 para. 4(6)(b) (with Sch. 1 para. 28, Sch. 2 paras. 13-15)

F9

Words in s. 23B(4)(c) substituted (13.1.2022) by The Consumer Scotland Act 2020 (Consequential Provisions and Modifications) Order 2022 (S.I. 2022/34), art. 1(1), Sch. para. 2(6)(b) (with art. 5)

F10

Word in s. 23B heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 16(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)

Notes on Part I

Modifications

C1

Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(b), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(e) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)

Pt. I applied (1.3.1996) by 1995 c. 45, s. 6(7); S.I. 1996/218, art. 2

Pt. I applied (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 1; S.I. 1996/218, art. 2