Section 79(3)

In determining the appeal the CMA— may have regard to any matter to which the Payment Systems Regulator was not able to have regard in relation to the decision, but must not, in the exercise of that power, have regard to any matter to which the Payment Systems Regulator would not have been entitled to have regard in reaching its decision had it had the opportunity of doing so.

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