Part 9

Reviews and appeals

Appeals to the Competition Appeal Tribunal
84
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.