SCHEDULES

Valid from 06/04/2008

Disposal of appealsU.K.

12(1)The Tribunal shall decide an appeal by reference to the grounds of appeal set out in the notice of appeal.

(2)In disposing of an appeal the Tribunal may do one or more of the following—

(a)confirm the determination appealed against;

(b)quash that determination;

(c)vary that determination;

(d)remit the matter to the OFT for reconsideration and determination in accordance with the directions (if any) given to it by the Tribunal;

(e)give the OFT directions for the purpose of giving effect to its decision.

(3)In the case of an appeal against a determination to impose a penalty, the Tribunal—

(a)has no power by virtue of sub-paragraph (2)(c) to increase the penalty;

(b)may extend the period within which the penalty is to be paid (including in cases where that period has already ended).

(4)Sub-paragraph (3) does not affect—

(a)the Tribunal's power to give directions to the OFT under sub-paragraph (2)(d); or

(b)what the OFT can do where a matter is remitted to it under sub-paragraph (2)(d).

(5)Where the Tribunal remits a matter to the OFT, it may direct that the requirements of section 34 of this Act are not to apply, or are only to apply to a specified extent, in relation to the OFT's reconsideration of the matter.

(6)Subject to sub-paragraphs (7) and (8), where the Tribunal remits an application to the OFT, section 6(1) and (3) to (9) of this Act shall apply as if the application had not been previously determined by the OFT.

(7)In the case of a general notice which came into effect after the determination appealed against was made but before the application was remitted, the applicant shall provide any information or document which he is required to provide under section 6(6) within—

(a)the period of 28 days beginning with the day on which the application was remitted; or

(b)such longer period as the OFT may allow.

(8)In the case of—

(a)any information or document which was superseded,

(b)any change in circumstances which occurred, or

(c)any error or omission of which the applicant became aware,

after the determination appealed against was made but before the application was remitted, any notification that is required to be given by the applicant under section 6(7) shall be given within the period of 28 days beginning with the day on which the application was remitted.