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SCHEDULE 8
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APPEALS |
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PART I |
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GENERAL |
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Interpretation |
| | 1. In this Schedule-
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| | "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. |
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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.
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(2) The notice of appeal must set out the grounds of appeal in sufficient detail to indicate to what extent (if any) the appellant-
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(a) contends that the disputed decision was based on an error of fact; |
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(b) contends that the disputed decision was wrong in law; |
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(c) is appealing against the Director's exercise of his discretion in making a decision- |
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(i) to grant an individual exemption;
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(ii) in respect of any conditions or obligations imposed in respect of the exemption; or
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(iii) as to whether to extend the period for which an individual exemption has effect or as to the period of any extension.
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(3) The tribunal may give an appellant leave to amend the grounds of appeal identified in the notice of appeal.
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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.
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(2) The tribunal may confirm or reverse the decision which is the subject of the appeal and may-
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(a) remit the matter to the Director, |
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(b) impose or revoke, or vary the amount of, a penalty, |
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(c) grant or cancel an individual exemption or vary any conditions or obligations imposed in relation to the exemption by the Director, or |
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make any other decision which the Director could himself have made.
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(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.
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| | 4. - (1) A decision of the tribunal may be taken by a majority.
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(2) The decision must-
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(a) state whether it was unanimous or taken by a majority; and |
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(b) be recorded in a document which- |
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(i) contains a statement of the reasons for the decision; and
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(ii) is signed and dated by the chairman of the tribunal.
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(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.
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(4) The President must make such arrangements for the publication of the tribunal's decision as he considers appropriate.
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