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Energy Act 2023

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Change 1

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As published

24 Time limits for CMA to determine an appeal

(1) The CMA must— (a) determine an appeal against a price control decision within the period of 6 months beginning with the permission date; (b) determine an appeal against any other decision within the period of 4 months beginning with the permission date. (2) Subsection (1)(a) or (b) does not apply if subsection (3) applies. (3) This subsection applies where— (a) the CMA has received representations on the timing of the determination from a party to the appeal, and (b) it is satisfied that there are special reasons why the determination cannot be made within the period specified in subsection (1)(a) or (b). (4) Where subsection (3) applies, the CMA must— (a) determine an appeal against a price control decision within the period specified by it, which must not be longer than the period of 7 months beginning with the permission date; (b) determine an appeal against any other decision within the period specified by it, which must not be longer than the period of 5 months beginning with the permission date. (5) Where subsection (3) applies, the CMA must also— (a) inform the parties to the appeal of the time limit for determining the appeal, and (b) publish that time limit in such manner as it considers appropriate for the purpose of bringing it to the attention of any other persons likely to be affected by the determination. (6) In this section “price control decision” is to be read in accordance with section 23. (7) References in this section to the “permission date” are to the date on which the CMA gave permission to bring the appeal in accordance with section 20(3).

Your change, as a redline

24 Time limits for CMA to determine an appeal

(1) The CMA must— (a) determine an appeal against a price control decision within the period of 6 months beginning with the permission date; (b) determine an appeal against any other decision within the period of 4 months beginning with the permission date. (2) Subsection (1)(a) or (b) does not apply if subsection (3) applies. (3) This subsection applies where— (a) the CMA has received representations on the timing of the determination from a party to the appeal, and (b) it is satisfied that there are special reasons why the determination cannot be made within the period specified in subsection (1)(a) or (b). (4) Where subsection (3) applies, the CMA must— (a) determine an appeal against a price control decision within the period specified by it, which must not be longer than the period of 7 months beginning with the permission date; (b) determine an appeal against any other decision within the period specified by it, which must not be longer than the period of 5 months beginning with the permission date. (5) Where subsection (3) applies, the CMA must also— (a) inform the parties to the appeal of the time limit for determining the appeal, and (b) publish that time limit in such manner as it considers appropriate for the purpose of bringing it to the attention of any other persons likely to be affected by the determination. (6) In this section “price control decision” is to be read in accordance with section 23. (7) References in this section to the “permission date” are to the date on which the CMA gave permission to bring the appeal in accordance with section 20(3).

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