Competition Bill [H.L.] - continued        House of Commons

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     1. In this Schedule-
    "the chairman" means a person appointed as chairman of a tribunal in accordance with paragraph 27(2)(a) of Schedule 7;
    "the President" means the President of the Competition Commission Appeal Tribunals appointed under paragraph 4 of Schedule 7;
    "rules" means rules made by the Secretary of State under section 49;
    "specified" means specified in rules;
    "tribunal" means an appeal tribunal constituted in accordance with paragraph 27 of Schedule 7.
General procedure
     2. - (1) An appeal to the Competition Commission must be made by sending a notice of appeal to the Commission within the specified period.
      (2) The notice of appeal must set out the grounds of appeal in sufficient detail to indicate to what extent (if any) the appellant-
    (a) contends that the disputed decision was based on an error of fact;
    (b) contends that the disputed decision was wrong in law;
    (c) is appealing against the Director's exercise of his discretion in making a decision-
      (i) to grant an individual exemption;
      (ii) in respect of any conditions or obligations imposed in respect of the exemption; or
      (iii) as to whether to extend the period for which an individual exemption has effect or as to the period of any extension.
      (3) The tribunal may give an appellant leave to amend the grounds of appeal identified in the notice of appeal.
Decisions of the tribunal
     3. - (1) The tribunal must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal.
      (2) The tribunal may confirm or reverse the decision which is the subject of the appeal and may-
    (a) remit the matter to the Director,
    (b) impose or revoke, or vary the amount of, a penalty,
    (c) grant or cancel an individual exemption or vary any conditions or obligations imposed in relation to the exemption by the Director, or
  make any other decision which the Director could himself have made.
      (3) Any decision of the tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision of the Director.
     4. - (1) A decision of the tribunal may be taken by a majority.
      (2) The decision must-
    (a) state whether it was unanimous or taken by a majority; and
    (b) be recorded in a document which-
      (i) contains a statement of the reasons for the decision; and
      (ii) is signed and dated by the chairman of the tribunal.
      (3) When the tribunal is preparing the document mentioned in sub-paragraph (2)(b), section 56 is to apply to the tribunal as it applies to the Director.
      (4) The President must make such arrangements for the publication of the tribunal's decision as he considers appropriate.
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Prepared 10 March 1998