2(1)The CMA may direct that, pending the determination of an appeal against a decision of the economic regulator—
(a)the decision is not to have effect, or
(b)the decision is not to have effect to such extent as may be specified in the direction.
(2)The power to give a direction under this paragraph is exercisable only where—
(a)an application for its exercise has been made by the appellant at the same time that the appellant made an application (in accordance with paragraph 1) for permission to bring an appeal against a decision of the economic regulator;
(b)the economic regulator has been given an opportunity of making representations or observations, in accordance with paragraph 3(2);
(c)a person bringing the appeal who falls within section 20(2)(a) or (b) would incur significant costs if the decision were to have effect before the determination of the appeal, and
(d)the balance of convenience does not otherwise require effect to be given to the decision pending that determination.
(3)The CMA’s decision on an application for a direction under this paragraph 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 following the day on which the application under sub-paragraph (2)(a) is received.
(4)The appellant must send the economic regulator a copy of the application for a direction under this paragraph at the same time as it is sent to the CMA.
(5)The CMA’s decision whether to give a direction is to be taken by an authorised member of the CMA.
(6)A direction under this paragraph must be—
(a)given by an authorised member of the CMA, and
(b)published, in such manner as an authorised member of the CMA considers appropriate, as soon as reasonably practicable after it is given.
(7)Section 25(2) applies to the publication of a direction under sub-paragraph (6) as it does to the publication of a decision under section 25.
Commencement Information
I1Sch. 2 para. 2 in force at 26.12.2023, see s. 334(3)(a)