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Section 23F Time limits for CMA to determine an appealF1F5

United Kingdom

(1)

The F2CMA must—

(a)

determine an appeal against a price control decision within the period of 6 months beginning with the permission date;

(b)

determine an appeal against any other decision within the period of 4 months beginning with the permission date.

(2)

Subsection (1)(a) or (b) does not apply if subsection (3) applies.

(3)

This subsection applies where—

(a)

the F3CMA has received representations on the timing of the determination from a party to the appeal; and

(b)

it is satisfied that there are special reasons why the determination cannot be made within the period specified in subsection (1)(a) or (b).

(4)

Where subsection (3) applies, the CMA must—

(a)

determine an appeal against a price control decision within the period specified by it, not being longer than the period of 7 months beginning with the permission date;

(b)

determine an appeal against any other decision within the period specified by it, not being longer than the period of 5 months beginning with the permission date.

(5)

Where subsection (3) applies, the CMA must also—

(a)

inform the parties to the appeal of the time limit for determining the appeal, and

(b)

publish that time limit in such manner as it considers appropriate for the purpose of bringing it to the attention of any other persons likely to be affected by the determination.

(6)

In this section “price control decision” is to be read in accordance with section 23E.

(7)

References in this section to the permission date are to the date on which the F4CMA gave permission to bring the appeal in accordance with section 23B(3).

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. 23F(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 20(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F3

Words in ss. 23F(3)-(5) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 20(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F4

Word in s. 23F(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 20(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)

F5

Word in s. 23F heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 20(3); 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