Energy (Windfall Gains in the Energy Sector) (Cap on Market Revenues) Act 2023
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Appeal | ||
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19. (1) A person who receives a notice under section 16 (3) or 18 (3) may, within 8 weeks after the date of the notice appeal to the High Court against the determination. | ||
(2) The bringing of an appeal against a notice under section 16 (3) or 18 (3) shall not have the effect of suspending the operation of the notice unless upon an application to the High Court, the Court makes an order staying or otherwise affecting the operation of the notice pending the hearing of the appeal. | ||
(3) The High Court shall hear and determine an appeal under this section and may make such order as it considers appropriate. | ||
(4) Without prejudice to the generality of the forgoing, following the consideration of an appeal under this section, the High Court may— | ||
(a) confirm the determination of the competent authority, | ||
(b) set aside the determination of the competent authority, | ||
(c) set aside the determination of the competent authority and replace it with such other decision as the Court considers just or appropriate to make, or | ||
(d) remit the determination for review by the competent authority, subject to such directions as the Court considers appropriate. | ||
(5) Where the High Court makes an order remitting the determination of the competent authority under subsection (4)(d), the competent authority shall review the determination in accordance with any directions of the Court. |