175 Determination of appeals

175  Determination of appeals

(1)     This section applies to every appeal brought under section 173 of this Act.

(2)     In determining the appeal the [CMA] must have regard, to the same extent as is required of GEMA, to the matters to which GEMA must have regard—

(a)     in the carrying out of its principal objectives under section 4AA of the Gas Act 1986 (c 44) and section 3A of the 1989 Act (principal objectives and general duties);

(b)     in the performance of its duties under those sections; and

(c)     in the performance of its duties under sections 4AB and 4A of that Act of 1986 and sections 3B and 3C of the 1989 Act (environmental and health and safety considerations).

(3)     In determining the appeal the [CMA]—

(a)     may have regard to any matter to which GEMA was not able to have regard in the case of the decision appealed against; but

(b)     must not, in the exercise of that power, have regard to any

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