Part 9Reviews and appeals

84Appeals to the Competition Appeal Tribunal

(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.