Financial Services (Banking Reform) Act 2013 (c. 33)

SCHEDULES

SCHEDULE 5 U.K. Procedure for appeals to the CMA

Interpretation U.K.

18 (1) In this Schedule— U.K.

• “appeal” means an appeal made in accordance with section 79;

• “appeal rules” means rules of procedure under paragraph 16;

• “appellant” has the meaning given by paragraph 3(4);

• “authorised member of the CMA”—

  (a)

  in relation to a power exercisable in connection with an appeal in respect of which a group has been constituted by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013, means a member of that group who has been authorised by the chair of the CMA to exercise that power;

  (b)

  in relation to a power exercisable in connection with an application for permission to bring an appeal, or otherwise in connection with an appeal in respect of which a group has not been so constituted by the chair of the CMA, means—

  (i)

  any member of the CMA Board who is also a member of the CMA panel, or

  (ii)

  any member of the CMA panel authorised by the Treasury (whether generally or specifically) to exercise the power in question;

• “CMA” means the Competition and Markets Authority;

• “CMA Board” and “CMA panel” have the same meaning as in Schedule 4 to the Enterprise and Regulatory Reform Act 2013;

• “group” means a group selected in accordance with paragraph 6;

• “statement of truth”, in relation to the production of a statement or provision of information by a person, means a statement that the person believes the facts stated in the statement or information to be true;

• “working day” means any day other than—

  (a)

  Saturday or Sunday;

  (b)

  Christmas Day or Good Friday;

  (c)

  a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(2) References in this Schedule to a party to an appeal are references to—

(a) the appellant, or

(b) the Payment Systems Regulator.

Commencement Information

I1 Sch. 5 para. 18 in force at 1.3.2014 by S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1