Section 57: Decisions by OFCOM to impose regulatory conditions, impose penalties etc
256.Subsection (1) defines a 'qualifying decision' for the purposes of this section as a decision by OFCOM that:
imposes or modifies a regulatory condition;
gives, modifies or withdraws a direction, consent or approval to impose a regulatory condition as set out in paragraph 2 of Schedule 6;
imposes a penalty or gives or modifies a direction under Schedules 4, 7 or 8 (which relate to recovery of administrative charges, enforcement of regulatory requirements and information provisions respectively);
gives or modifies a direction under section 89A or 116(2A) of the Postal Services Act 2000 (terms and conditions for provision of postal services and the Postcode Address File); or
gives a direction under section 25(5) of the Consumers, Estate Agents and Redress Act 2007 (enforcement of requirements to give information to the National Consumer Council - which is now part of Consumer Focus).
257.Subsection (2) provides that a person affected by a qualifying decision (as defined in subsection 1) may appeal against it to the Competition Appeal Tribunal (the CAT).
258.Subsection (3) specifies that an appeal must be made by sending a notice of appeal to the CAT in accordance with rules made under section 15 of the Enterprise Act 2002. These rules are set out in a Statutory Instrument and can be found on the CAT website www.catribunal.org.uk. Subsection (4) requires that the notice of appeal must be sent within the period set out in the rules.
259.Subsection (5) requires the CAT, in determining an appeal under this section, to apply the same principles as would be applied by a court on an application for judicial review.
260.Subsection (6) provides that the CAT may either dismiss the appeal or quash all or part of the decision against which the appeal was made. If the CAT quashes all or part of the decision, subsection (7) provides that it may refer the matter back to the decision maker (OFCOM) directing them to reconsider and make a new decision which takes account of the ruling. Subsection (8) ensures that the CAT , in making such a direction, cannot require OFCOM to take action which they would not otherwise have the powers to take in relation to the decision.
261.Subsection (9) provides that the decision of the Regulator stands while an appeal is being made. The exception to this is in cases concerning a penalty of the imposition or enforcement of a regulatory condition.
