Environment Bill

Explanatory Notes

New section 12D Appeal to the CMA

727 Subsection (1) allows an appeal to be made to the CMA against a decision to modify a condition of an appointment.

728 Subsection (2) sets out the bodies that can bring an appeal: the affected undertaker; any other undertaker or licensee also affected by the change; the representative body of undertakers and licensees (currently a position held by Water UK); or the Consumer Council for Water.

729 Subsection (3) provides that the CMA must agree to an appeal being brought.

730 Subsection (4) enables the CMA to refuse permission to appeal on three specific grounds: where the appeal is brought by an undertaker or licensee whose interests are not materially affected by the decision being appealed; where the interests of undertakers or licensees that are represented (by the industry or consumer body) are not materially affected; or where the appeal is vexatious, is trivial or does not have a reasonable prospect of success.


Prepared 29th January 2020