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.