Section 23B: Appeal to the CMA

Gas Act 1986 · 1986 c. 44View on legislation.gov.uk

Part I: Gas Supply

An appeal lies to the CMA against a decision by the Authority to proceed with the modification of a condition of a licence under section 23.

An appeal may be brought under this section only by—

a relevant licence holder (within the meaning of section 23);
any other person who holds a licence of any type under section 7, 7ZA, , 7A(1) or (2) , 7AA, 7AB or 7AC whose interests are materially affected by the decision;
a qualifying body or association in the capacity of representing a person falling within paragraph (a) or (b);
Citizens Advice or Consumer Scotland or those bodies acting jointly in the capacity of representing consumers whose interests are materially affected by the decision.

The permission of the CMA is required for the bringing of an appeal under this section.

The CMA may refuse permission to bring an appeal only on one of the following grounds—

in relation to an appeal brought by a person falling within subsection (2)(b), that the interests of the person are not materially affected by the decision;
in relation to an appeal brought by a qualifying body or association, that the interests of the person represented are not materially affected by the decision;
in relation to an appeal brought by Citizens Advice or Consumer Scotland or those bodies acting jointly, that the interests of the consumers represented are not materially affected by the decision;
in relation to any appeal—
that the appeal is brought for reasons that are trivial or vexatious;
that the appeal has no reasonable prospect of success.

References in this section to a qualifying body or association are to a body or association whose functions are or include representing persons in respect of interests of theirs which are materially affected by the decision in question.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.