PART 5

Regulation of payment systems

Enforcement and appeals

Appeals in relation to penalties
78
1
This section applies where a person is appealing to the Competition Appeal Tribunal (“the Tribunal”) against a decision to impose a penalty under section 73.
2
The person may appeal against—
a
the imposition of the penalty,
b
the amount of the penalty, or
c
any date by which the penalty, or any part of it, is required to be paid.
3
The means of making an appeal is by sending the Tribunal a notice of appeal in accordance with Tribunal rules.
4
The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules.
5
The Tribunal may do any of the following—
a
uphold the penalty;
b
set aside the penalty;
c
substitute for the penalty a penalty of an amount decided by the Tribunal;
d
vary any date by which the penalty, or any part of it, is required to be paid.
6
If an appeal is made in accordance with this section, the penalty is not required to be paid until the appeal has been determined.
7
Subsections (2), (5) and (6) do not restrict the power to make Tribunal rules; and those subsections are subject to Tribunal rules.
8
Except as provided by this section, the validity of the penalty may not be questioned by any legal proceedings whatever.
9
In the case of an appeal made in accordance with this section, a decision of the Tribunal has the same effect as, and may be enforced in the same manner as, a decision of the Payment Systems Regulator.
S. 78 in force at 1.3.2014 by S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1