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Change 1
As published
78 Appeals in relation to penalties
(1) This section applies where a person is appealing to the Competition Appeal Tribunal (“the Tribunal”) against a decision to impose a penalty under section 73.
(2) The person may appeal against—
(a) the imposition of the penalty,
(b) the amount of the penalty, or
(c) any date by which the penalty, or any part of it, is required to be paid.
(3) The means of making an appeal is by sending the Tribunal a notice of appeal in accordance with Tribunal rules.
(4) The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules.
(5) The Tribunal may do any of the following—
(a) uphold the penalty;
(b) set aside the penalty;
(c) substitute for the penalty a penalty of an amount decided by the Tribunal;
(d) vary any date by which the penalty, or any part of it, is required to be paid.
(6) If an appeal is made in accordance with this section, the penalty is not required to be paid until the appeal has been determined.
(7) Subsections (2), (5) and (6) do not restrict the power to make Tribunal rules; and those subsections are subject to Tribunal rules.
(8) Except as provided by this section, the validity of the penalty may not be questioned by any legal proceedings whatever.
(9) In the case of an appeal made in accordance with this section, a decision of the Tribunal has the same effect as, and may be enforced in the same manner as, a decision of the Payment Systems Regulator.
Your change, as a redline
78 Appeals in relation to penalties
(1) This section applies where a person is appealing to the Competition Appeal Tribunal (“the Tribunal”) against a decision to impose a penalty under section 73.
(2) The person may appeal against—
(a) the imposition of the penalty,
(b) the amount of the penalty, or
(c) any date by which the penalty, or any part of it, is required to be paid.
(3) The means of making an appeal is by sending the Tribunal a notice of appeal in accordance with Tribunal rules.
(4) The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules.
(5) The Tribunal may do any of the following—
(a) uphold the penalty;
(b) set aside the penalty;
(c) substitute for the penalty a penalty of an amount decided by the Tribunal;
(d) vary any date by which the penalty, or any part of it, is required to be paid.
(6) If an appeal is made in accordance with this section, the penalty is not required to be paid until the appeal has been determined.
(7) Subsections (2), (5) and (6) do not restrict the power to make Tribunal rules; and those subsections are subject to Tribunal rules.
(8) Except as provided by this section, the validity of the penalty may not be questioned by any legal proceedings whatever.
(9) In the case of an appeal made in accordance with this section, a decision of the Tribunal has the same effect as, and may be enforced in the same manner as, a decision of the Payment Systems Regulator.
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