Part 1Licensing of carbon dioxide transport and storage
Chapter 1Licensing of activities
Appeal from decisions of the economic regulator
I120Appeal to the CMA
1
An appeal may be made to the CMA against a decision by the economic regulator to proceed with the modification of a condition of a licence under section 13.
2
An appeal may be brought under this section only by—
a
a relevant licence holder (within the meaning of section 13);
b
a transport and storage network user whose interests are materially affected by the decision;
c
a qualifying body or association in the capacity of representing a person falling within paragraph (a) or (b);
3
The permission of the CMA is required for the bringing of an appeal under this section.
4
The CMA may refuse permission to bring an appeal only on one of the following grounds—
a
in relation to an appeal brought by a person falling within subsection (2)(b), that the interests of the person are not materially affected by the decision;
b
in relation to an appeal brought by a qualifying body or association, that the interests of the person represented are not materially affected by the decision;
c
in relation to any appeal—
i
that the appeal is brought for reasons that are trivial or vexatious;
ii
that the appeal has no reasonable prospect of success.
5
References in this section to a “qualifying body or association” are to a body or association whose functions are or include representing persons in respect of interests of theirs which are materially affected by the decision in question.
6
In this section “transport and storage network user” has the same meaning as in section 1.