2(1)The [F1 decision of the Competition and Markets Authority ] on an application for permission to appeal is to be taken by an authorised member of [F2 the Competition and Markets Authority ].U.K.
(2)The authorised member must take the decision before the end of the period of 10 weeks beginning with the day on which the CAA published the relevant notice (as defined in paragraph 1).
(3)The authorised member may grant permission to appeal subject to conditions.
(4)The conditions may, in particular, include—
(a)conditions which limit the matters that are to be considered on the appeal,
(b)conditions for the purpose of expediting the determination of the appeal, and
(c)conditions requiring the appeal to be considered together with other appeals, including appeals relating to different matters or decisions and appeals brought by different persons.
(5)An authorised member of the [F3 Competition and Markets Authority ] who grants permission to appeal against a decision that relates entirely or partly to a matter remitted to the CAA following an earlier appeal under section 24 or 25 must grant it subject to conditions excluding consideration of—
(a)matters that were considered as part of the earlier appeal, and
(b)matters that could have been raised by the applicant or a relevant connected person as part of the earlier appeal,
unless the member considers that there are compelling reasons not to do so.
(6)In sub-paragraph (5), in relation to an applicant, “relevant connected person” means a person who was connected to the applicant at any time during the consideration of the earlier appeal by the [F3 Competition and Markets Authority ].
(7)[F4 An authorised member of the Competition and Markets Authority ] must—
(a)publish the decision on an application for permission to appeal and the reasons for the decision, and
(b)send a copy of the decision and reasons to the persons listed in sub-paragraph (8).
(8)Those persons are—
(a)the holder of the licence which is the subject of the application,
(b)if the application was made by someone other than the holder of that licence, the applicant,
(c)any other person with a qualifying interest in the decision that is the subject of the application,
(d)such bodies representing airport operators or providers of air transport services as the [F5authorised member] considers appropriate, and
(e)the CAA.
(9)Section 29(5) applies to the publication of a decision and reasons under this paragraph as it applies to the publication of an order containing a determination of an appeal.
Textual Amendments
F1Words in Sch. 2 para. 2(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(2)(a)(i); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F2Words in Sch. 2 para. 2(1) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(2)(a)(ii); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F3Words in Sch. 2 para. 2(5)(6) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(2)(b); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F4Words in Sch. 2 para. 2(7) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(2)(c); S.I. 2014/416, art. 2(1)(d) (with Sch.)
F5Words in Sch. 2 para. 2(8)(d) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 6 para. 148(2)(d); S.I. 2014/416, art. 2(1)(d) (with Sch.)
Commencement Information
I1Sch. 2 para. 2 in force at 6.4.2013 by S.I. 2013/589, art. 2(1)-(3)