The Water Industry Designated Codes (Appeals to the Competition and Markets Authority) Regulations 2017

Suspension of Authority decision

8.—(1) Where permission has been granted to appeal against an Authority decision, an authorised member of the CMA may direct that, pending the determination of the appeal—

(a) the decision is not to have effect; or

(b) the decision is not to have effect to such extent as may be specified in the direction.

(2) The power to give a direction under this regulation is exercisable only where—

(a) an application for its exercise has been made by the appellant or by another person who would have been entitled to appeal the Authority decision in accordance with regulation 4(2);

(b) the applicant for the exercise of the power would incur significant costs if the Authority decision were to have effect, or to continue to have effect, before the determination of the appeal; and

(c) the balance of convenience does not otherwise require effect to be given to the Authority decision pending that determination.

(3) A person making an application under this regulation may make such an application at any time before the determination of the appeal and must notify the Authority on the same day the application is made.

(4) Before determining whether to make a direction under this regulation, the authorised member of the CMA must give the Authority an opportunity of making representations about the matter unless the authorised member of the CMA intends to refuse to make a direction on the grounds that the determination of the appeal will be made before the direction could have effect.