Part 6: Miscellaneous Section 87: Appeals from decisions of OFCOM and others: standard of review
This section amends the 2003 Act by inserting a new section 194A that requires appeals to the CAT against specified regulatory decisions under section 192 to be decided by applying the same principles as would be applied by a court on an application for judicial review. The CAT may then dismiss the appeal or quash the whole of part of the decision to which it relates; and where it quashes the whole of part of the decision, remit the matter back to the decision-maker with a direction to reconsider and make a new decision in accordance with its ruling.
	Subsection (2) of this section amends section 193 of the 2003 Act, relating to price control matters referred to the Competition and Markets Authority ("CMA"), so that when considering a price control matter the CMA must have regard to the principles to be applied by the CAT under section 194A.
	Subsection (11) amends section 317 of the 2003 Act to ensure that the provisions of the new section 194A also apply to appeals against decisions of the regulator when exercising a Broadcasting Act power for a competition purpose under section 317 of the 2003 Act.
	Subsection (12) provides that the changes made by this section do not apply to appeals against decisions made before the section comes into force.
	Those appeals that are not specified will continue to be decided "on the merits" under section 195 of the 2003 Act.