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Postal Services Bill [HL]

Amendment 96A 96A: After Clause 48, insert the following new Clause— "Appeals to the Competition Appeals Tribunal (1) This section applies to— (a) any decision by OFCOM under this Part (other than a price control decision within the meaning of section 48(10)); and (b) a determination by the Competition Commission under section 48(7). (2) A person affected by a decision to which this section applies may appeal against it to the Competition Appeal Tribunal. (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 notice of appeal must set out— (a) the provision under which the decision appealed against was taken; and (b) the grounds of appeal. (6) The grounds of appeal must be set out in sufficient detail to indicate— (a) to what extent (if any) the appellant contends that the decision appealed against was based on an error of fact or was wrong in law or both; and (b) to what extent (if any) the appellant is appealing against the exercise of a discretion by OFCOM. (7) In this section references to a decision under an enactment— (a) include references to a decision that is given effect to by the exercise or performance of a power or duty conferred or imposed by or under an enactment; but (b) include references to a failure to make a decision, and to a failure to exercise a power or to perform a duty, only where the failure constitutes a failure to grant an application or to comply with any other form of request to make the decision, to exercise the power or to perform the duty; and references in the following provisions of this Chapter to a decision appealed against are to be construed accordingly. (8) For the purposes of this section and of the following provisions of this Chapter a decision to which effect is given by the exercise or performance of a power or duty conferred or imposed by or under an enactment shall be treated, except where provision is made for the making of that decision at a different time, as made at the time when the power is exercised or the duty performed. (9) Section 195 of the Communications Act 2003 (c. 21) (decisions of the tribunal) shall apply to decisions of the Tribunal taken under this Act, save that in relation to appeals falling within subsection (1)(b) above, the Tribunal shall determine the appeal applying the same principles as would be applied by a court on an application for judicial review. (10) Section 196 of the Communications Act 2003 (appeals from the tribunal) shall apply to appeals from the Tribunal under this Act. (11) Section 117 of the Enterprise Act 2002 (c. 40) (offences of supplying false or misleading information) shall have effect in relation to information supplied to the Competition Commission in connection with their functions under this section as it has effect in relation to information supplied to them in connection with their functions under Part 3 of that Act."