PART 5Regulation of payment systems

Enforcement and appeals

I176Appeals: general

1

A person who is affected by any of the following decisions of the Payment Systems Regulator may appeal against the decision—

a

a decision to give a direction under section 54 (other than a general direction),

b

a decision to impose a requirement under section 55 (other than a generally-imposed requirement),

c

a decision to exercise its power under section 56, 57 or 58,

d

a decision to impose a sanction.

2

In subsection (1) the reference to imposing a sanction is a reference to—

a

publishing details under section 72(1), or

b

requiring the payment of a penalty under section 73.

3

If the decision is a CAT-appealable decision, the appeal must be made to the Competition Appeal Tribunal in accordance with section 77.

4

A “CAT-appealable decision” means—

a

a decision to give a direction under section 54,

b

a decision to impose a requirement under section 55, or

c

a decision to publish details under section 72(1).

5

If the decision is a decision to impose a penalty on the person under section 73, the appeal must be made to the Competition Appeal Tribunal in accordance with section 78.

6

If the decision is a CMA-appealable decision, the appeal must be made to the Competition and Markets Authority (“the CMA”) in accordance with section 79.

7

A “CMA-appealable decision” means—

a

a decision to impose a requirement under section 56,

b

a decision to vary an agreement under section 57, or

c

a decision to impose a requirement under section 58.

8

The permission of the CMA is required for an appeal to be made in accordance with section 79.

9

The CMA may refuse permission for an appeal only if—

a

the appeal is made for reasons that are trivial or vexatious, or

b

the appeal has no reasonable prospect of success.