Schedule 8, Part I, paragraph 3

This paragraph applies to any appeal under section 46 or 47 other than— an appeal under section 46 against, or with respect to, a decision of the kind specified in subsection (3)(g) , (h), (ha) or (hb) of that section, and an appeal under section 47(1)(b) , (c), (d) or (e). The Tribunal must determine the appeal on the merits by reference to the grounds of appeal set out in the notice of appeal. The Tribunal may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may— remit the matter to the CMA , impose or revoke, or vary the amount of, a penalty, grant or cancel an individual exemption or vary any conditions or obligations imposed in relation to the exemption by the CMA , give such directions, or take such other steps, as the CMA could itself have given or taken, or make any other decision which the CMA could itself have made. Any decision of the Tribunal on an appeal has the same effect, and may be enforced in the same manner, as a decision of the CMA . If the Tribunal confirms the decision which is the subject of the appeal it may nevertheless set aside any finding of fact on which the decision was based.

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Source: legislation.gov.uk · retrieved 2026-09-04