Part I

Gas Supply

Appeal from decisions of the Authority

CMA's powers on allowing appeal
23E
1
This section applies where the
CMA
allows an appeal to any extent.
2
If the appeal is in relation to a price control decision, the
CMA
must do one or more of the following—
a
quash the decision (to the extent that the appeal is allowed);
b
remit the matter back to
the Authority
for reconsideration and determination in accordance with any directions given by the
CMA
;
c
substitute the
CMA's
decision for that of
the Authority
(to the extent that the appeal is allowed) and give any directions to
the Authority
or any other party to the appeal.
3
If the appeal is in relation to any other decision, the
CMA
must do one or both of the following—
a
quash the decision (to the extent that the appeal is allowed);
b
remit the matter back to
the Authority
for reconsideration and determination in accordance with any directions given by the
CMA
.
4
A direction under subsection (2) or (3) must not require a person to do anything that the person would not have power to do (apart from the direction).
5
A person to whom a direction is given under that subsection must comply with it.
6
A direction given under that subsection to a person other than
the Authority
is enforceable as if it were an order of the High Court or (in Scotland) an order of the Court of Session.
7
For the purposes of this section a decision is a price control decision, in relation to the modification of a condition of a licence, if the purpose of the condition is, in the
CMA's
opinion, to limit or control the charges on, or the revenue of, the holder of the licence.
8
In determining for the purposes of subsection (7) what the purpose of a condition is the condition may be assessed on its own or in combination with any other conditions of the licence.
9
In this section and sections 23F and 23G any reference to a party to an appeal is to be read in accordance with Schedule 4A.
Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 208(3)(b), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I: definition of "public gas supplier" applied (E.W.) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 1(4)(e) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)
Pt. I applied (1.3.1996) by 1995 c. 45, s. 6(7); S.I. 1996/218, art. 2
Pt. I applied (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 1; S.I. 1996/218, art. 2
Word in s. 23E(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(3)(a); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Word in s. 23E(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(5); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Word in s. 23E(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Word in s. 23E heading substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(6); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Ss. 23B-23G and cross-heading inserted (10.11.2011) by The Electricity and Gas (Internal Markets) Regulations 2011 (S.I. 2011/2704), regs. 1(1), 41(7) (with reg. 42)
Word in s. 23E(2) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(3)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Word in s. 23E(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 19(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)