Energy Act 2010

20 Final and provisional orders: appeals E+W+S

(1) This section applies in relation to any final or provisional order under section 25 of the Electricity Act 1989 which relates to a relevant condition (within the meaning of that section) that has effect by virtue of the exercise of the power in section 18(1).

(2) The licence holder to whom the order relates may appeal to the Tribunal against the order.

(3) On an appeal under this section, the Tribunal may do either or both of the following—

(a) redetermine the appealed matter, in whole or in part;

(b) remit the appealed matter, in whole or in part, to the Authority.

(4) If the Tribunal redetermines the appealed matter, the Tribunal may do one or more of the following—

(a) uphold the order, in whole or in part;

(b) set aside the order, in whole or in part;

(c) substitute for the order, in whole or in part, the Tribunal's own final or provisional order.

(5) Unless the Tribunal orders otherwise, an obligation of a person to comply with the order is not affected by the making of an appeal under this section against the order.

(6) Subsections (2) to (5) do not restrict the power to make Tribunal rules; and those subsections are subject to Tribunal rules.

(7) Except as provided by this section, the validity of the order may not be questioned by any legal proceedings whatever.

(8) A decision of the Tribunal on an appeal under this section has the same effect as, and may be enforced in the same manner as, a decision of the Authority.

(9) In this section—

• “appealed matter” means the matter to which the order relates;

• “Tribunal” means the Competition Appeal Tribunal;

• “Tribunal rules” means rules under section 15 of the Enterprise Act 2002.

Commencement Information

I1 S. 20 in force at 16.7.2012 by S.I. 2012/1841, art. 2(a)