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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Competition Appeal Tribunal (Amendment and Communications Act Appeals) Rules 2004 No. 2068 URL: http://www.bailii.org/uk/legis/num_reg/2004/20042068.html |
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Made | 2nd August 2004 | ||
Laid before Parliament | 4th August 2004 | ||
Coming into force | 25th August 2004 |
Amendment of Principal Rules
2.
The Competition Appeal Tribunal Rules 2003 shall be amended as provided in the Schedule to these Rules.
Reference of price control matters to the Competition Commission
3.
- (1) For the purposes of subsection (1) of section 193 of the Act, there is specified every price control matter falling within subsection (10) of that section which is disputed between the parties and which relates to-
(2) In a notice of appeal under principal rule 8, the appellant may include a statement indicating the extent to which-
(3) In a defence under principal rule 14, the respondent may include a statement indicating the extent to which the appeal relates to price control or a specified price control matter arises in the appeal, including a statement in rebuttal of a statement under paragraph (2).
(4) In a request to intervene under principal rule 16, the person making the request may include a statement indicating the extent to which the appeal relates to price control or a specified price control matter arises in the appeal, including a statement in rebuttal of any statement under paragraph (2) or (3).
(5) The Tribunal shall refer to the Commission for determination in accordance with section 193 of the Act and rule 5 every matter which, either upon consideration of any statement provided for in paragraphs (2) to (4) or in the subsequent course of the appeal, it decides is a specified price control matter.
(6) The Tribunal may make a reference to the Commission under paragraph (5) at any time before it delivers its decision.
(7) This rule applies in all cases in which the Tribunal has not delivered its decision before 25th August 2004.
Appeals relating to price control: transitional provision
4.
Notwithstanding principal rule 8(1) (which provides a time limit of two months from notification or publication of a decision for making an appeal), an appeal to the Tribunal may be made at any time before 26th October 2004 if-
Determination by Competition Commission of price control matters
5.
- (1) Subject to any directions given by the Tribunal (which may be given at any time before the Commission have made their determination), the Commission shall determine every price control matter within four months of receipt by them of the reference.
(2) The Tribunal may give directions as to the procedure in accordance with which the Commission are to make their determination.
(3) The Tribunal may give directions under this rule of its own motion or upon the application of the Commission or of any party.
Appeals under repealed enactments
6.
If an appeal under section 1F of the Wireless Telegraphy Act 1949[5] or section 46B of the Telecommunications Act 1984[6] ("the old appeal") is stayed or sisted under subparagraph (3) of paragraph 23 of Schedule 18 to the Act and a new appeal is brought under subparagraph (4) of that paragraph-
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services, Department of Trade and Industry
2nd August 2004
2.
In rule 16(9), the words "and any response thereto" are deleted.
3.
In rule 43(7), the words "Notwithstanding rule 55(3)" are deleted.
4.
In rule 55-
5.
In rule 62-
6.
In rule 63(6), after the words "is served" there are inserted the words "or is treated by virtue of paragraph (5) as having been served".
[2] 1992 c. 53; see Schedule 1 to the Act, which is amended by paragraph 27 of Schedule 25 to the Enterprise Act 2002.back
[5] 1949 c. 54; section 1F is repealed by the Communications Act 2003(c. 21), section 406(7) and Schedule 19.back
[6] Section 46B is repealed by the Communications Act 2003(c. 21), section 406(7) and Schedule 19.back