The Competition Appeal Tribunal (Amendment and Communications Act Appeals) Rules 2004

• Citation: S.I. 2004/2068
• Sections: 12

Section 1 Citation and commencement

(1) These Rules may be cited as the Competition Appeal Tribunal (Amendment and Communications Act Appeals) Rules 2004 and shall come into force on 25th August 2004.

(2) In these Rules–

“ the Act ” means the Communications Act 2003;

“ the Commission ” means the Competition Commission;

“ principal rule ” means a rule of the Competition Appeal Tribunal Rules 2003 ;

“specified price control matter” means a price control matter specified in rule 3(1).

Section 2 Amendment of Principal Rules

The Competition Appeal Tribunal Rules 2003 shall be amended as provided in the Schedule to these Rules.

Section 3 Reference of price control matters to the Competition Commission

(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–

(a) the principles applied in setting the condition which imposes the price control in question,

(b) the methods applied or calculations used or data used in determining that price control, or

(c) what the provisions imposing the price control which are contained in that condition should be (including at what level the price control should be set).

(2) In a notice of appeal under principal rule 8, the appellant may include a statement indicating the extent to which–

(a) the appeal relates to price control, or

(b) a specified price control matter arises in the appeal.

(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 25 th August 2004.

Section 4 Appeals relating to price control: transitional provision

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 26 th October 2004 if–

(a) the appeal relates to price control, or

(b) a specified price control matter arises in the appeal.

Section 5 Determination by Competition Commission of price control matters

(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.

Section 6 Appeals under repealed enactments

If an appeal under section 1F of the Wireless Telegraphy Act 1949 or section 46B of the Telecommunications Act 1984 (“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–

(a) all pleadings and (except in Scotland) written evidence in the old appeal shall be treated as pleadings and written evidence in the new appeal,

(b) all other steps taken and things done in the old appeal shall be taken into account in the new appeal to the extent directed by the Tribunal, and

(c) the Tribunal may give directions to OFCOM as to the carrying out of their functions which are the same as or correspond to directions which could have been given by the court before 25 th July 2003 under subsection (4) of the said section 1F or (as the case may be) 46B.

Section 1

In rule 12(2)–

(a) at the end of paragraph (a) the word “and” is deleted;

(b) at the end of paragraph (b) there are added the words–

and

(c) publish any decision which it would have made had the appeal not been withdrawn.

Section 2

In rule 16(9), the words “and any response thereto” are deleted.

Section 3

In rule 43(7), the words “Notwithstanding rule 55(3)” are deleted.

Section 4

In rule 55–

(a) in paragraph (3), for the words “paragraph (1), (2) or (3)” there are substituted the words “paragraph (2)”;

(b) in paragraph (4), for the words “paragraphs (1) and (2)” there are substituted the words “paragraph (2) or a direction made pursuant to paragraph (3)”.

Section 5

In rule 62–

(a) in paragraph (1)(a), for “28(2)” there is substituted “28(4)”;

(b) in paragraph (1)(f), for the words “rules 58 (Permission to appeal) and 59” there are substituted the words “rule 59”.

Section 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”.