Communications Regulation (Postal Services) Act 2011

52.

Appeals to High Court.

52.— (1) In this section “decision” means—

( a) a decision made by the Commission under section 17(2) , 18(1)(b) or (2), 28(2), 30(2) , (5) or (9), 33(4) or (5) or 41(1) ,

( b) a determination made by the Commission under section 16(1)(a)(ii) , 18(3) , 32(9) or 35(4) or section 30(11A)( b) (inserted by section 44 ) of the Principal Act, or

( c) a direction given by the Commission under section 16(10) , 24(5) , 31(1) , 32(7) , 34(2) , 42(3) or 43(3) or (6).

(2) A user or postal service provider (in this section referred to as the “appellant”) whose interests are materially affected by a decision may, not later than 28 days after the user or postal service provider has been notified of the decision, appeal to the High Court against that decision.

(3) An appeal under this section shall be made in such manner as is prescribed by rules of court of the High Court or as the High Court may direct.

(4) Notice of an appeal and the grounds for it shall be given by the appellant to the Commission in such manner as is prescribed by rules of court of the High Court or as the High Court may direct.

(5) The High Court shall hear and determine an appeal under this section and may make such orders as it considers appropriate.

(6) The orders that may be made by the High Court on the hearing of an appeal under this section include—

( a) an order affirming or setting aside the decision in whole or in part, and

( b) an order remitting the matter to be decided again by the Commission in accordance with the directions of the Court.

(7) Subject to subsection (8) , an appeal under this section does not—

( a) affect the operation of the decision appealed against, or

( b) prevent the taking of action to implement the decision, unless the High Court otherwise orders.

(8) ( a) Where an appeal is made under this section against a decision, the High Court may make such order staying or otherwise affecting the operation or implementation of the decision, or a part of that decision, as the Court considers appropriate, pending the hearing of the appeal.

( b) If an order is in force under paragraph (a) (including an order that has previously been varied on one or more than one occasion under this paragraph), the High Court may make a further order varying or revoking the order.

( c) An order in force under paragraph (a) (including an order that has previously been varied on one or more than one occasion under paragraph (b) )—

(i) is subject to such conditions as are specified in the order, and

(ii) has effect until—

(I) if a period for the operation of the order is specified in the order, the expiry of that period or, if the appeal is determined before the end of that period, the making of the determination, or

(II) if no period is so specified, the giving of a decision on the appeal.

(9) The determination of the High Court on the hearing of an appeal under this section is final, except that, by leave of the High Court, an appeal on a specified question of law shall lie to the Supreme Court.