[Part 5 General]
Transport Act 2000 (2000 c 38) | Legislation

[Part 5 General]

[Consideration of new matters

16

(1)     This paragraph applies to—

(a)     an authorised member of the CMA with the function of determining an application for permission to appeal under section 19A;

(b)     a group with the function of determining an appeal under that section.

(2)     The member or group must not have regard to any matter, information or evidence raised or provided by the CAA if it was not considered by the CAA in making the decision that is the subject of the application or the appeal, unless the member or group considers that—

(a)     the CAA could not reasonably have been expected to consider the matter, information or evidence when making that decision, and

(b)     the matter, information or evidence is likely to have an important effect on the outcome of the application or appeal, either by itself or taken together with other matters, information or evidence.

(3)     The member or group must not have regard to any matter, information or evidence raised or provided by a person other than the CAA if it was not considered by the CAA in making the decision that is the subject of the application or appeal,

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