Part 2

The Competition Appeal Tribunal

The Competition Appeal Tribunal

Transfers of certain proceedings to and from Tribunal
16
1
The Lord Chancellor may by regulations—
a
make provision enabling the court—
i
to transfer to the Tribunal for its determination so much of any proceedings before the court as relates to an infringement issue; and
ii
to give effect to the determination of that issue by the Tribunal; and
b
make such incidental, supplementary, consequential, transitional or saving provision as the Lord Chancellor may consider appropriate.
2
The power to make regulations under subsection (1) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
3
Rules of court may prescribe the procedure to be followed in connection with a transfer mentioned in subsection (1).
4
The court may transfer to the Tribunal, in accordance with rules of court, so much of any proceedings before it as relates to a claim to which section 47A of the 1998 Act applies.
5
Rules of court may make provision in connection with the transfer from the Tribunal to the High Court or the Court of Session of a claim made in proceedings under section 47A of the 1998 Act.
6
In this section—
- “the court” means—
  1. the High Court or a county court; or
  2. the Court of Session or a sheriff court; and
- “infringement issue” means any question relating to whether or not an infringement of —
  1. the Chapter I prohibition or the Chapter II prohibition; or
  2. Article 81 or 82 of the Treaty,
has been or is being committed;
but otherwise any terms used in this section and Part 1 of the 1998 Act have the same meaning as they have in that Part.