Environment Bill

Explanatory Notes

New section 12H Time limits for CMA to determine an appeal

740 This new section sets the time limits for the CMA to determine appeals.

741 Subsection (1) sets out that there will be a four-month time limit for the CMA to determine an appeal, running from the date on which it gave permission for the appeal to proceed, unless certain conditions apply.

742 Subsections (2), (3) and (4) allow the CMA to extend the time limit to five months, if a party to an appeal asks them to and the CMA is satisfied that there are good reasons why the appeal cannot be determined within four months. If the CMA extends time, it must inform the parties to the appeal, and publish the revised time limit so that it is brought to the attention of any persons that it considers will be affected by the determination.

743 Subsection (5) provides that the permission date is the date the CMA gave permission to bring the appeal under new section 12D(3).

744 Subsection (6) explains that the definition for "a party" to an appeal in new sections 12H and 12I is that set out in new Schedule 2ZA: that is, "a party" to an appeal means either the appellant or Ofwat.


Prepared 29th January 2020