Energy Act 2023

Application for permission to bring appeal

1 (1) An application for permission to bring an appeal may be made—

(a) only by sending a notice to the CMA requesting the permission, and

(b) only by a person entitled under section 20 to bring the appeal if permission is granted.

(2) Where the economic regulator publishes a decision to modify the conditions of any licence under section 13(8), any application for permission to appeal is not to be made after the end of 20 working days beginning with the first working day after the day on which the decision is published.

(3) An application for permission to appeal must be accompanied by all such information as may be required by appeal rules.

(4) Appeal rules may require information contained in an application for permission to appeal to be verified by a statement of truth.

(5) A person who applies for permission to bring an appeal in accordance with this paragraph is referred to in this Schedule as the appellant.

(6) The appellant must send the economic regulator—

(a) a copy of the application for permission to appeal at the same time as it is sent to the CMA, and

(b) such other information as may be required by appeal rules.

(7) The CMA’s decision whether to grant permission to appeal is to be taken by an authorised member of the CMA.

(8) Before the authorised member decides whether to grant permission under this paragraph, the economic regulator must be given an opportunity to make representations or observations, in accordance with paragraph 3(2).

(9) The CMA’s decision on an application for permission must be made—

(a) where the economic regulator makes representations or observations in accordance with paragraph 3(2), before the end of 10 working days beginning with the first working day after the day on which those representations or observations are received;

(b) in any other case, before the end of 14 working days beginning with the first working day after the day on which the application for permission is received.

(10) The grant of permission may be made subject to conditions, which may include—

(a) conditions which limit the matters that are to be considered on the appeal in question,

(b) conditions for the purpose of expediting the determination of the appeal, and

(c) conditions requiring that appeal to be considered together with other appeals (including appeals relating to different matters or decisions and appeals brought by different persons).

(11) Where a decision is made to grant or to refuse an application for permission, an authorised member of the CMA must notify the decision, giving reasons—

(a) to the appellant, and

(b) to the economic regulator.

(12) A decision of the CMA under this paragraph must be published, in such manner as an authorised member of the CMA considers appropriate, as soon as reasonably practicable after it is made.

(13) Section 25(2) applies to the publication of a decision under sub-paragraph (12) as it does to the publication of a decision under section 25.