PART 5

Regulation of payment systems

Enforcement and appeals

Appeals: general
76
1
A person who is affected by any of the following decisions of the Payment Systems Regulator may appeal against the decision—
a
a decision to give a direction under section 54 (other than a general direction),
b
a decision to impose a requirement under section 55 (other than a generally-imposed requirement),
c
a decision to exercise its power under section 56, 57 or 58,
d
a decision to impose a sanction.
2
In subsection (1) the reference to imposing a sanction is a reference to—
a
publishing details under section 72(1), or
b
requiring the payment of a penalty under section 73.
3
If the decision is a CAT-appealable decision, the appeal must be made to the Competition Appeal Tribunal in accordance with section 77.
4
A “CAT-appealable decision” means—
a
a decision to give a direction under section 54,
b
a decision to impose a requirement under section 55, or
c
a decision to publish details under section 72(1).
5
If the decision is a decision to impose a penalty on the person under section 73, the appeal must be made to the Competition Appeal Tribunal in accordance with section 78.
6
If the decision is a CMA-appealable decision, the appeal must be made to the Competition and Markets Authority (“the CMA”) in accordance with section 79.
7
A “CMA-appealable decision” means—
a
a decision to impose a requirement under section 56,
b
a decision to vary an agreement under section 57, or
c
a decision to impose a requirement under section 58.
8
The permission of the CMA is required for an appeal to be made in accordance with section 79.
9
The CMA may refuse permission for an appeal only if—
a
the appeal is made for reasons that are trivial or vexatious, or
b
the appeal has no reasonable prospect of success.
S. 76 in force at 1.3.2014 by S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1