Regulation 10 Appeals against directions and publication of compliance failures

This regulation applies where a person is appealing to the Competition Appeal Tribunal (“the Tribunal”) against a decision to give a direction under regulation 4 F1or 4A or to publish details under regulation 5(a).

The means of making an appeal is by sending the Tribunal a notice of appeal in accordance with Tribunal rules.

The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules.

In determining an appeal made in accordance with this regulation, the Tribunal must apply the same principles as would be applied by a court on an application for judicial review.

The Tribunal must either—

If the Tribunal quashes the whole or part of a decision, it may refer the matter back to the Payment Systems Regulator with a direction to reconsider and make a new decision in accordance with its ruling.

The Tribunal may not direct the Payment Systems Regulator to take any action which it would not otherwise have the power to take in relation to the decision.

In this regulation and regulation 11 “Tribunal rules” means rules under section 15 of the Enterprise Act 2002 M1.