Part 3

Regulation of postal services

Appeals

Price control decisions
59
1
A person affected by a price control decision may appeal against it by sending a notice of appeal to OFCOM within the period of two months beginning with the day on which the decision is published.
2
The notice of appeal must set out the grounds of appeal in sufficient detail to indicate the error (or errors) which the appellant contends OFCOM made.
3
OFCOM must refer any appeal made in accordance with this section (and with rules made under section 60) to the Competition and Markets Authority (“the CMA”) as soon as reasonably practicable after it is made.
4
The making of an appeal against a decision does not suspend the effect of the decision.
5
The CMA must determine an appeal before the end of—
a
the period of 4 months beginning with the day on which OFCOM refer the appeal to it, or
b
if the decision appealed against is not an initial price control decision and the CMA considers that the circumstances of the case are exceptional, the period of 6 months beginning with that day.
If paragraph (b) applies, the CMA must, before the end of the period mentioned in paragraph (a), publish its reasons for considering that the circumstances of the case are exceptional.
6
On determining the appeal, the CMA must—
a
dismiss the appeal,
b
allow the appeal and make its own decision on the subject matter of the appeal, or
c
quash the whole or part of the price control decision to which the appeal relates.
7
The CMA may allow the appeal, or quash the whole or part of the price control decision to which the appeal relates, only if it considers that OFCOM made a material error.
8
If the CMA quashes the whole or part of a price control decision, it may refer the matter back to OFCOM with a direction to reconsider and make a new decision in accordance with its ruling.
9
The CMA may not direct OFCOM to take any action that they would not otherwise have the power to take in relation to the decision.
10
OFCOM must give effect to any decision of the CMA under subsection (6)(b) as soon as is reasonably practicable after it is made.
11
The CMA may investigate any matter or do any other thing for the purpose of making a decision under subsection (6)(b) or (c).
12
Any decision made by the CMA under subsection (6) other than one relating to an initial price control decision is a qualifying decision for the purposes of section 57.
12A
The CMA's functions with respect to an appeal under this section are to be carried out on its behalf by a group constituted for the purpose by the chair of the CMA under Schedule 4 to the Enterprise and Regulatory Reform Act 2013
13
In this section—
- a “price control decision” means—
  1. a decision of OFCOM as to the tariffs that are to be used as mentioned in section 36(4) (designated USP condition: tariffs), or
  2. a decision of OFCOM (other than under Part 2 of Schedule 3) as to prices that may be charged for the giving of access under an access condition, and
- an “initial price control decision” means—
  1. the first decision of OFCOM within paragraph (a) of the definition of “price control decision”, or
  2. the first decision of OFCOM within paragraph (b) of that definition.
S. 59 in force at 1.10.2011 by S.I. 2011/2329, art. 3
S. 59(12A) inserted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 125(4); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Words in s. 59(3) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 125(2); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Words in s. 59(5)-(12) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 125(3); S.I. 2014/416, art. 2(1)(d) (with Sch.)