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Civil Aviation Act 2012

Schedule 1: Appeals against determinations

69.Schedule 1 provides a right of appeal to the Competition Appeal Tribunal. It sets out the procedures relating to appeals and to decisions on appeals. The Competition Appeal Tribunal Rules of procedure (under section 15 of the Enterprise Act 2002) also apply insofar as the rules set out in this Schedule do not override them.

70.Paragraph 1 states which parties may appeal against a market power determination or operator determination to the Competition Appeal Tribunal.

71.Paragraph 2 states that parties have 60 days to appeal against a market power or operator determination. The time period for appealing starts on whichever of the following days is the later:

  • the day on which the determination is published; or

  • the day on which the reasons for the determination are published.

72.Paragraph 2 also states that although the Tribunal’s rules of procedure can amend the time period within which an appeal can be made, the rules cannot alter the day on which the time period commences.

73.Paragraph 3 states the circumstances in which the Competition Appeal Tribunal may allow an appeal and the decisions that it may take.

74.Paragraph 4 states that if a default position in respect of an airport area is suspended during the appeal or is set aside, the previous market power determination in respect of the airport area takes effect again or continues to have effect (as appropriate), unless the Competition Appeal Tribunal orders otherwise.

75.Paragraph 5 establishes that the Competition Appeal Tribunal when deciding an appeal must have regard to the duties imposed on the CAA by section 1.

76.Paragraph 6 makes provision for further appeals on points of law.

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