Postal Services Act 2011
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Change 1
60 Section 59: supplementary
(1) The CMA may make rules about the making, conduct and disposal of appeals under section 59. (2) The rules may, in particular, impose time limits or other restrictions on— (a) the taking of evidence at an oral hearing, or (b) the making of representations or observations at an oral hearing. (3) The rules may make different provision for different cases. (4) The CMA must publish the rules in such manner as it considers appropriate for the purpose of bringing them to the attention of those likely to be affected by them. (5) Before making the rules, the CMA must consult such persons as it considers appropriate. (6) The Secretary of State may by order— (a) apply any of sections 109 to 117 of the Enterprise Act 2002 (investigation powers of the CMA), as they had effect immediately before the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force, with or without modifications, in relation to appeals made under section 59, and (b) make provision for and in connection with the extension of the period within which appeals must be determined in cases where requirements imposed under section 109 of that Act (as applied) have not been complied with. (7) An order under subsection (6) applying an enactment under which a criminal or civil penalty could be imposed may not provide for the penalty to be greater than that which could be imposed under the enactment. (8) An order under subsection (6) is subject to negative resolution procedure.
60 Section 59: supplementary
(1) The CMA may make rules about the making, conduct and disposal of appeals under section 59. (2) The rules may, in particular, impose time limits or other restrictions on— (a) the taking of evidence at an oral hearing, or (b) the making of representations or observations at an oral hearing. (3) The rules may make different provision for different cases. (4) The CMA must publish the rules in such manner as it considers appropriate for the purpose of bringing them to the attention of those likely to be affected by them. (5) Before making the rules, the CMA must consult such persons as it considers appropriate. (6) The Secretary of State may by order— (a) apply any of sections 109 to 117 of the Enterprise Act 2002 (investigation powers of the CMA), as they had effect immediately before the date on which section 143 of the Digital Markets, Competition and Consumers Act 2024 came into force, with or without modifications, in relation to appeals made under section 59, and (b) make provision for and in connection with the extension of the period within which appeals must be determined in cases where requirements imposed under section 109 of that Act (as applied) have not been complied with. (7) An order under subsection (6) applying an enactment under which a criminal or civil penalty could be imposed may not provide for the penalty to be greater than that which could be imposed under the enactment. (8) An order under subsection (6) is subject to negative resolution procedure.
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