Citation and commencement

1. This Order may be cited as the Competition Appeal Tribunal (Recording and Broadcasting) Order 2022 and comes into force on the day after the day on which it is made.

Definitions

2. In this Order—

“ broadcast ” means the transmission to members of the public of a recording of proceedings of the Tribunal;

“ the chairman ” has the meaning given in rule 2(1) of the Rules;

“ President ” has the meaning given in rule 2(1) of the Rules;

“ proceedings ” means a hearing before the Tribunal conducted in accordance with the Rules;

“ recording ” includes a visual or sound recording on any medium from which a single image, a moving image or any sound may be produced or reproduced, or the making of any such recording, and “ record ” and “ recorded ” shall be construed accordingly;

“ representative ” means a person within rule 8(1)(a) or (b) of the Rules who represents a party to proceedings;

“ Registrar ” has the meaning given in rule 2(1) of the Rules;

“ Rules ” means the Competition Appeal TribunalRules 2015( 2 ); and

“ Tribunal ” means the Competition Appeal Tribunal established by section 12 of the Enterprise Act 2002( 3 ) however constituted in accordance with section 14 of that Act.

Extent and application

3. This Order extends to England and Wales, and applies to the recording of and broadcast of proceedings in England and Wales.

Recording and broadcasting proceedings

4.Section 41 of the Criminal Justice Act 1925( 4 ) and section 9 of the Contempt of Court Act 1981( 5 ) do not apply where proceedings are—

(a) recorded in accordance with the conditions in articles 5 to 7; or

(b) broadcast in accordance with the conditions in articles 8 and 9.

Recording

5.Recording is only permitted by a person who—

(a) is permitted in writing by the President or Registrar of the Tribunal to recordproceedings in the Tribunal; and

(b) assigns copyright in the recording of proceedings to the Registrar on behalf of the Tribunal.

6. Recording is only of—

(a) submissions of a representative;

(b) exchanges between a representative and the Tribunal;

(c) exchanges between a representative or the Tribunal and a witness of fact or expert witness; and

(d) the Tribunal giving an order, direction or decision, including interim decisions or interim orders.

7. Recording of proceedings is only with the permission of the chairman, which permission may be limited to part or parts of the proceedings.

Broadcast – broadcast of permitted recordings only

8. Only recordings made in accordance with articles 5 to 7 may be broadcast.

Broadcast – general conditions of use

9. —(1) A report or presentation of proceedings that includes a broadcast must be fair and accurate having regard to—

(a) the overall content of the report or presentation; and

(b) the context in which the broadcast is presented.

(2) A broadcast must not be for the purposes of—

(a) a party political broadcast;

(b) advertisement or promotion, except where such advertisement or promotion relates to a report or presentation of proceedings that includes a broadcast;

(c) light entertainment; or

(d) satire.

Revocation of the Competition Appeal Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020

10.The Competition Appeal Tribunal (Coronavirus) (Recording and Broadcasting) Order 2020( 6 ) is revoked.