Part 9 E+W Reviews and appeals

81 Reviewable decisions etc E+W

(1) Where the IFR makes a reviewable decision, the IFR must, as soon as reasonably practicable after making the decision, notify each concerned person of—

(a) the person’s right to request a review by the applicable reviewer under section 82, and

(b) the person’s right to appeal to the Tribunal under section 84.

(2) In this Part—

• “applicable reviewer”, in relation to a reviewable decision, means the person mentioned in the corresponding entry in the second column of the Table in Schedule 10;

• “concerned person”, in relation to a reviewable decision, means a person who appears to the IFR to be directly affected by the decision;

• “reviewable decision” means a decision listed in the first column of the Table in Schedule 10.

Commencement Information

I1 S. 81 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I2 S. 81 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(d)

82 Request for internal review E+W

(1) Where the IFR makes a reviewable decision, a concerned person may request a review of that decision by the applicable reviewer.

(2) A concerned person may request a review by notifying the IFR within the period of seven days beginning with the day on which the person is notified of their right to request a review under section 81(1)(a).

(3) Where a review of a reviewable decision is requested under this section, the IFR must, as soon as reasonably practicable after the request is made, decide whether or not to carry out a review.

(4) The IFR may only decide not to carry out a review if—

(a) an appeal has been made against the reviewable decision under section 84(1) (whether by a concerned person or any other person with a sufficient interest in the decision),

(b) the request is for a review of a decision that is not a reviewable decision, or

(c) the IFR considers that—

(i) the person requesting the review is not a concerned person,

(ii) the request for a review is vexatious, or

(iii) there is no reasonable prospect of a review resulting in the decision being varied or cancelled.

(5) Where the IFR decides not to carry out a review of a reviewable decision—

(a) the IFR must notify each concerned person of its decision and the reasons for that decision,

(b) the applicable reviewer is treated as having decided to uphold the reviewable decision, and

(c) the IFR must, as soon as reasonably practicable after giving the notice required under paragraph (a), publish notice of the fact that the applicable reviewer is treated as having decided to uphold the reviewable decision.

(6) Where the IFR decides to carry out a review of a reviewable decision, it must notify each concerned person of its decision.

(7) A request for a review under this section does not suspend the effect of the decision to which the review relates except so far as a direction suspending the effect of the decision is given by the applicable reviewer.

(8) But the applicable reviewer may not give a direction suspending the effect of a decision of the IFR to—

(a) attach a discretionary licence condition to, or vary a discretionary licence condition attached to, an operating licence in a case where the IFR was not required to give notice of attaching or varying the condition by virtue of section 23(6);

(b) give a direction under section 41 (directions relating to unsuitable owners and officers);

(c) specify a competition as a prohibited competition under section 45;

(d) give an urgent direction under section 79;

(e) suspend or revoke an operating licence under paragraph 9 of Schedule 9 by virtue of the third aggravating condition in paragraph 8 of that Schedule being met.

(9) In the case of a reviewable decision in relation to which the applicable reviewer is a committee of the Expert Panel, the Chief Executive Officer must, as soon as reasonably practicable after the IFR has given notice under subsection (6), establish a committee of the Expert Panel to carry out the review (see paragraph 28 of Schedule 2).

(10) In a case where—

(a) the reviewable decision was made by a committee of the Expert Panel (“the deciding committee”), and

(b) the applicable reviewer in relation to that decision is also a committee of the Expert Panel (“the reviewing committee”),

the Chief Executive Officer may not appoint to the reviewing committee a member of the Expert Panel who was a member of the deciding committee.

(11) In a case where the reviewable decision was made by the Board and the applicable reviewer in relation to that decision is also the Board, any member of the Board who took part in the decision may not take part in the review.

Commencement Information

I3 S. 82 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I4 S. 82 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(d)

83 Internal reviews E+W

(1) Where the IFR decides to carry out a review of a reviewable decision—

(a) the applicable reviewer may determine the nature and extent of the review, and

(b) the applicable reviewer must have regard to any representations made by the concerned person in accordance with that determination.

(2) The applicable reviewer may, after carrying out a review, decide to—

(a) uphold the decision,

(b) vary the decision, or

(c) cancel the decision.

(3) The IFR must—

(a) notify each concerned person in relation to the reviewable decision of the applicable reviewer’s decision on a review and the reasons for that decision, and

(b) as soon as reasonably practicable after giving the notice required under paragraph (a), publish the decision.

(4) The IFR must give the notice required under subsection (3)(a)—

(a) where the reviewer is the Board, before the end of the period of 28 days beginning with the day on which the IFR gave notice under section 82(6);

(b) where the reviewer is a committee of the Expert Panel, before the end of the period of 28 days beginning with the day on which the committee is established.

(5) The IFR may, if it considers that there are special reasons for doing so, extend by up to a further 14 days the period before the end of which it is to give notice of the decision of the applicable reviewer.

(6) If the IFR does not give the notice required under subsection (3)(a) to each concerned person before the end of the period given by subsection (4) or (5)—

(a) the applicable reviewer is treated as having decided to uphold the reviewable decision, and

(b) the IFR must—

(i) as soon as reasonably practicable after the end of the period given by subsection (4) or (5), notify each concerned person of the fact that the applicable reviewer is treated as having decided to uphold the reviewable decision, and

(ii) as soon as reasonably practicable after giving the notice required by sub-paragraph (i), publish notice of that fact.

(7) The IFR may make rules providing for costs incurred by the IFR in exercising functions under this section to be payable by a concerned person who requested a review of a reviewable decision where—

(a) the applicable reviewer has decided to uphold the reviewable decision (but excluding where the applicable reviewer is treated as having upheld the reviewable decision under subsection (6)(a)), and

(b) both the reviewable decision and the applicable reviewer’s decision to uphold it have become final.

(8) A decision becomes final—

(a) when the time specified in Part 5B of the Tribunal Procedure Rules for appealing against it expires without an appeal having been brought, or

(b) where an appeal has been brought against the decision, when—

(i) the appeal and any further appeal are dismissed, withdrawn or abandoned, and

(ii) the time for appealing against the result of the appeal or further appeal has expired without another appeal having been brought.

(9) Rules made under subsection (7) must require the IFR, in deciding whether to require payment of costs or determining the amount of those costs, to have regard to the financial resources of the concerned person who requested the review.

Commencement Information

I5 S. 83 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I6 S. 83 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(d)

84 Appeals to the Competition Appeal Tribunal E+W

(1) This section applies to—

(a) a reviewable decision of the IFR listed in subsection (3),

(b) a decision made by an applicable reviewer under section 83(2), and

(c) a decision treated as having been made by an applicable reviewer by virtue of section 82(5)(b) or 83(6)(a) (a “deemed decision”).

(2) A concerned person, or any other person with a sufficient interest, may appeal to the Tribunal against a decision to which this section applies.

(3) The reviewable decisions specified for the purposes of subsection (1)(a) are—

(a) the revocation of an operating licence under section 19;

(b) a deemed determination under section 32(5) that a person is not suitable to be an owner or officer of a club;

(c) a deemed determination under section 34 that an individual is not suitable to be an owner of a club;

(d) a deemed determination under section 35 that an individual is not suitable to be an officer of a club;

(e) the making of an order under section 38 (disqualification) in respect of a person;

(f) the suspension or revocation of an operating licence under paragraph 9 of Schedule 9.

(4) But a person may not appeal to the Tribunal against a reviewable decision listed in subsection (3) if—

(a) an applicable reviewer has been requested to review that decision under section 82 (whether or not by the person), and

(b) the applicable reviewer has not made a decision or deemed decision on that review.

(5) A person appeals to the Tribunal under subsection (2) by sending the Tribunal a notice of appeal in accordance with Tribunal Procedure Rules.

(6) The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in Part 5B of the Tribunal Procedure Rules.

(7) An appeal under subsection (2) does not suspend the effect of the decision to which the appeal relates except so far as a direction suspending the effect of the decision is given by the Tribunal.

(8) But the Tribunal may not give a direction suspending the effect of the decision in relation to—

(a) a decision of the IFR listed in section 82(8), or

(b) a decision or deemed decision of an applicable reviewer in respect of a reviewable decision listed in section 82(8).

(9) An appeal lies to the Court of Appeal on any point of law arising from a decision of the Tribunal on an appeal under this section.

(10) An appeal under subsection (9) requires the permission of the Tribunal or the Court of Appeal.

Commencement Information

I7 S. 84 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I8 S. 84 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(d)

85 Proceedings before the Competition Appeal Tribunal E+W

(1) The Tribunal must determine any appeal under section 84(1) in relation to—

(a) a reviewable decision listed in section 84(3), or

(b) a decision or deemed decision of an applicable reviewer under section 83(2) in respect of a reviewable decision listed in section 84(3),

on the merits by reference to the grounds of appeal set out in the notice of appeal.

(2) The Tribunal must determine any other appeal under section 84(1) by applying the same principles as would be applied by the High Court in determining proceedings on judicial review.

(3) Where subsection (1) applies in relation to an appeal, the Tribunal may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may—

(a) remit the matter to the IFR or the applicable reviewer (as the case may be),

(b) take such other steps as the IFR or the applicable reviewer could have taken, or

(c) make any other decision which the IFR or the applicable reviewer could have made.

(4) Where subsection (2) applies in relation to an appeal, the Tribunal—

(a) may dismiss the appeal or quash the whole or part of the decision to which it relates, and

(b) may, where it quashes the whole or part of that decision, remit the matter to the IFR with a direction to reconsider and make a new decision in accordance with the ruling of the Tribunal.

(5) In subsection (1), the reference to a deemed decision of an applicable reviewer is to a decision that the applicable reviewer is treated as having made by virtue of section 82(5)(b) or 83(6)(a).

Commencement Information

I9 S. 85 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I10 S. 85 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(d)