Communications Act 2003, section 195

Disposal of appeals under section 192 against certain decisions of Secretary of State

Part 2 Networks, services and the radio spectrum

[F660 (1)This section applies to an appeal against a decision referred to in section 192(1)(d)(i), (ii), (iia) or (iv).F660]

(2)The Tribunal shall decide the appeal on the merits and by reference to the grounds of appeal set out in the notice of appeal.

(3)The Tribunal’s decision must include a decision as to what (if any) is the appropriate action for [F661 the Secretary of State F661] to take in relation to the subject-matter of the decision under appeal.

(4)The Tribunal shall then remit the decision under appeal to [F661 the Secretary of State F661] with such directions (if any) as the Tribunal considers appropriate for giving effect to its decision.

(5)The Tribunal must not direct [F661 the Secretary of State F661] to take any action which he would not otherwise have power to take in relation to the decision under appeal.

(6)It shall be the duty of [F661 the Secretary of State F661] to comply with every direction given under subsection (4).

(7)In the case of an appeal against a decision given effect to by a restriction or condition set by regulations under section 109, the Tribunal must take only such steps for disposing of the appeal as it considers are not detrimental to good administration.

(8)In its application to a decision of the Tribunal under this section, paragraph 1(2)(b) of Schedule 4 to the Enterprise Act 2002 (c. 40) (exclusion of commercial information from documents recording Tribunal decisions) is to have effect as if for the reference to the undertaking to which commercial information relates there were substituted a reference to any person to whom it relates.

F662 (9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 195 2

the Tribunal

“the Tribunal” means the Competition Appeal Tribunal; and

Defined in s.197(1) · see it in the full Act
information

“information” includes accounts, estimates and projections and any document;

Defined in s.405(1) · see it in the full Act

Cases considering section 195 11

Competition and Markets Authority v Flynn Pharma Ltd & Ors

[2020] EWCA Civ 617 · 12 May 2020

Requires the CAT to decide the relevant appeal on the merits by reference to the grounds of appeal. The court held that this merits character did not distinguish the case from other regulatory proceedings for costs purposes (see paras [62]-[70], [90]).

British Telecommunications plc v Office Of Communications (OFCOM) & Ors

[2017] EWCA Civ 330 · 4 May 2017

The Tribunal must decide an appeal on the merits by reference to the grounds in the notice of appeal. A point raised and treated as within an existing ground may nevertheless be considered. (see paras [56]-[57] and [92]-[95])

British Telecommunicatons Plc v Office of Communications & Ors

[2014] EWCA Civ 133 · 17 February 2014

Requires the CAT to decide an appeal on the merits and by reference to the grounds of appeal. The Court endorsed this as governing the CAT’s task. (see paras [85]-[88])

What each judgment says about section 195 is in the case-law panel in the full Act.

Explanatory note

422.The CAT is to decide an appeal on the merits, and then decide the appropriate action to be taken by the maker of the decision that is being appealed. Where an appeal is made against a decision under section 109 (restrictions and conditions subject to which the electronic communications code applies), the CAT must decide the appeal in accordance with the principles of good administration. The CAT’s decision should be communicated to the original decision-maker along with directions regarding the implementation of the CAT’s decision. However, the CAT cannot require the original decision-maker to take any action that he would not otherwise have the power to take.

All the explanatory notes for the Act

Amendments and notes

6 notes from legislation.gov.uk

Amendments

  1. F659S. 195 title substituted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 87(10), 118(6) (with s. 87(12)); S.I. 2017/765, reg. 2(w)
  2. F660S. 195(1) substituted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 87(6), 118(6) (with s. 87(7)(12)); S.I. 2017/765, reg. 2(w)
  3. F661Words in s. 195(3)-(6) substituted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 87(8), 118(6) (with s. 87(12)); S.I. 2017/765, reg. 2(w)
  4. F662S. 195(9) omitted (31.7.2017) by virtue of Digital Economy Act 2017 (c. 30), ss. 87(9), 118(6) (with s. 87(12)); S.I. 2017/765, reg. 2(w)

Commencement

  1. I337S. 195 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)) text for certain specified purposes only, see the commentary.
  2. I338S. 195 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)