Part 2

Networks, services and the radio spectrum
Chapter 3

Disputes and appeals

Appeals

Decisions of the Tribunal
195
1
The Tribunal shall dispose of an appeal under section 192(2) in accordance with this section.
2
The Tribunal shall decide the appeal on the merits and by reference to the grounds of appeal set out in the notice of appeal.
3
The Tribunal’s decision must include a decision as to what (if any) is the appropriate action for the decision-maker to take in relation to the subject-matter of the decision under appeal.
4
The Tribunal shall then remit the decision under appeal to the decision-maker with such directions (if any) as the Tribunal considers appropriate for giving effect to its decision.
5
The Tribunal must not direct the decision-maker to take any action which he would not otherwise have power to take in relation to the decision under appeal.
6
It shall be the duty of the decision-maker to comply with every direction given under subsection (4).
7
In the case of an appeal against a decision given effect to by a restriction or condition set by regulations under section 109, the Tribunal must take only such steps for disposing of the appeal as it considers are not detrimental to good administration.
8
In its application to a decision of the Tribunal under this section, paragraph 1(2)(b) of Schedule 4 to the Enterprise Act 2002 (c. 40) (exclusion of commercial information from documents recording Tribunal decisions) is to have effect as if for the reference to the undertaking to which commercial information relates there were substituted a reference to any person to whom it relates.
9
In this section “the decision-maker” means—
a
OFCOM or the Secretary of State, according to who took the decision appealed against; or
b
in the case of an appeal against—
i
a direction, approval or consent given by a person other than OFCOM or the Secretary of State, or
ii
the modification or withdrawal by such a person of such a direction, approval or consent,
that other person.