PART 5Regulation of payment systems

Enforcement and appeals

78Appeals in relation to penalties

1

This section applies where a person is appealing to the Competition Appeal Tribunal (“the Tribunal”) against a decision to impose a penalty under section 73.

2

The person may appeal against—

a

the imposition of the penalty,

b

the amount of the penalty, or

c

any date by which the penalty, or any part of it, is required to be paid.

3

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

4

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

5

The Tribunal may do any of the following—

a

uphold the penalty;

b

set aside the penalty;

c

substitute for the penalty a penalty of an amount decided by the Tribunal;

d

vary any date by which the penalty, or any part of it, is required to be paid.

6

If an appeal is made in accordance with this section, the penalty is not required to be paid until the appeal has been determined.

7

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

8

Except as provided by this section, the validity of the penalty may not be questioned by any legal proceedings whatever.

9

In the case of an appeal made in accordance with this section, a decision of the Tribunal has the same effect as, and may be enforced in the same manner as, a decision of the Payment Systems Regulator.