Schedule 13, paragraph 2

The CMA may direct that, pending the determination of an appeal against a decision of the Authority— the decision is not to have effect, or the decision is not to have effect to such extent as may be specified in the direction. In the case of an appeal against a decision of the Authority which already has effect by virtue of section 12B, the CMA may direct that the modification that is the subject of the decision— ceases to have effect entirely or to such extent as may be specified in the direction, and does not have effect, or does not have effect to the specified extent, pending the determination of the appeal. The power to give a direction under this paragraph is exercisable only where— an application for its exercise has been made by the appellant at the same time the appellant made an application in accordance with paragraph 1(3) for permission to bring an appeal against a decision of the Authority, the Authority has been given an opportunity of making representations or observations, in accordance with paragraph 3(2), the appellant (or, where the appellant is within section 12D(2)(c) or (d), those represented by the appellant, or consumers, respectively) would incur significant costs if the decision were to have effect before the determination of the appeal, and the balance of convenience does not otherwise require effect to be given to the decision pending that determination. The CMA’s decision on an application for a direction under this paragraph must be made— where the Authority makes representations or observations in accordance with paragraph 3(2), before the end of 10 working days beginning with the first working day after the day on which those representations or observations are received; in any other case, before the end of 14 working days beginning with the first working day following the day on which the application under sub-paragraph (3)(a) is received. The appellant must send the Authority a copy of the application for a direction under this paragraph at the same time as it is sent to the CMA. A direction under this paragraph must be— given by an authorised member of the CMA, and published, in a way an authorised member of the CMA considers appropriate, as soon as reasonably practicable after it is given. Section 12I(2) applies to the publication of a direction under sub-paragraph (6) as it does to the publication under section 12I of a determination by the CMA on an appeal.

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Source: legislation.gov.uk · retrieved 2026-07-30