SCHEDULES

SCHEDULE 5Procedure for appeals to the CMA

Interpretation

I118

1

In this Schedule—

  • 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”—

    1. 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;

    2. 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—

      1. i

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

      2. 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—

    1. a

      Saturday or Sunday;

    2. b

      Christmas Day or Good Friday;

    3. 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.