Part 8: Appeals and super-complaints Chapter 1: Appeals Section 167: Appeals against OFCOM decisions relating to the register under section 95
This section allows for appeals against OFCOM’s decisions to include, or not to remove, services from OFCOM’s register of Category 1, Category 2A, and Category 2B services. Service providers who are registered by OFCOM as Category 1, Category 2A, and Category 2B services become subject to additional duties under the Act.
	Appeals may be made by regulated providers to the Upper Tribunal. The Upper Tribunal must apply the same principles as a court would when hearing an application for judicial review. The section also provides that where a regulated provider has filed an appeal, any additional duties or requirements applying under the Act associated with that provider being designated as a Category 1, 2A, or 2B operator need not be complied with until the determination or withdrawal of the appeal.
	The Upper Tribunal may either dismiss the provider’s appeal or quash OFCOM’s decision. Should the Tribunal quash the decision then the Tribunal must remit the decision back to OFCOM.