SCHEDULES
SCHEDULE 5

Proceedings under Part 1 of the 1998 Act
Section 21
1
Part 1 of the 1998 Act is amended as follows.
2
In section 46 (appealable decisions)—
a
in subsections (1) and (2), for “the Competition Commission” there is substituted “ the Tribunal ”;
b
in subsection (3)
(in the full-out words), after “other decision” there is inserted “ under this Part ”;
c
subsection (3)(h) shall cease to have effect.
3
Section 48 (appeal tribunals) shall cease to have effect.
4
For section 49 there is substituted—

Further appeals
49
1
An appeal lies to the appropriate court—
a
from a decision of the Tribunal as to the amount of a penalty under section 36;
b
from a decision of the Tribunal as to the award of damages or other sum in respect of a claim made in proceedings under section 47A or included in proceedings under section 47B (other than a decision on costs or expenses) or as to the amount of any such damages or other sum; and
c
on a point of law arising from any other decision of the Tribunal on an appeal under section 46 or 47.
2
An appeal under this section—
a
may be brought by a party to the proceedings before the Tribunal or by a person who has a sufficient interest in the matter; and
b
requires the permission of the Tribunal or the appropriate court.
3
In this section “the appropriate court” means the Court of Appeal or, in the case of an appeal from Tribunal proceedings in Scotland, the Court of Session.
5
In section 58(1) (findings of fact by director)—
a
in paragraph (a), after “appeal” there is inserted “ under section 46 or 47 ”; and
b
in paragraph (b), for “an appeal tribunal” there is substituted “ the Tribunal ”.
6
In section 59(1) (interpretation of Part 1)—
a
the definition of “appeal tribunal” shall cease to have effect;
b
after the definition of “the Treaty” there is inserted—
“the Tribunal” means the Competition Appeal Tribunal;
“Tribunal rules” means rules under section 15 of the Enterprise Act 2002.
7
1
Schedule 7 (the Competition Commission) is amended as follows.
2
In paragraph 1 (interpretation)—
a
the definitions of “appeal panel member” and “the President” shall cease to have effect; and
b
in the definition of “general functions”, paragraph (a) and the word “or” after it shall cease to have effect.
3
In paragraph 2 (membership), sub-paragraphs (1)(a), (3)(a) and (4) shall cease to have effect.
4
Paragraph 4 (the President) shall cease to have effect.
5
In paragraph 5 (the Council)—
a
sub-paragraph (2)(b), and
b
in sub-paragraph (3), the words “and paragraph 5 of Schedule 8”,
shall cease to have effect.
6
Part 3 (appeals) shall cease to have effect.
8
1
Schedule 8 (appeals) is amended as follows.
2
Paragraph 1 shall cease to have effect.
3
In paragraph 2 (general procedure for appeals under Part 1)—
a
in sub-paragraph (1), for the words from “Competition” to “Commission” (in the second place it appears) there is substituted “ Tribunal under section 46 or 47 must be made by sending a notice of appeal to it ”;
b
in sub-paragraph (3), for “tribunal” there is substituted “ Tribunal ”; and
c
after sub-paragraph (3) there is inserted—
4
In this paragraph references to the Tribunal are to the Tribunal as constituted (in accordance with section 14 of the Enterprise Act 2002) for the purposes of the proceedings in question.
5
Nothing in this paragraph restricts the power under section 15 of the Enterprise Act 2002 (Tribunal rules) to make provision as to the manner of instituting proceedings before the Tribunal.
4
In paragraph 3, for “tribunal” (in each place) there is substituted “ Tribunal ”.
5
Paragraphs 4 to 14 shall cease to have effect.
Sch. 5 para. 2 partly in force; Sch. 5 para. 2 not in force at Royal assent see s. 279; Sch. 5 para. 2(a)(b) in force at 1.4.2003 by S.I. 2003/766, art. 2, Sch.
Sch. 5 para. 4 wholly in force at 18.7.2004; Sch. 5 para. 4 not in force at Royal Assent see s. 279; Sch. 5 para. 4 in force for certain purposes at 1.4.2003 by S.I. 2003/766, art. 2, Sch., Sch. 5 para. 4 in force for remaining purposes at 18.7.2004 by S.I. 2004/1866 {art. 2}