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Telecommunications Act 2001

Designated services and specified services - Supplementary provisions for all determinations

60: Appeals from certain determinations under Part 2

You could also call this:

"Appealing a decision made under the Telecommunications Act"

Illustration for Telecommunications Act 2001

If you are involved in a decision made under Part 2 of the Telecommunications Act 2001, you can appeal to the High Court. You can appeal against a direction from the Commission under section 55 or section 56(2). You can also appeal against a decision made by the Commission on a question of law, including a decision not to clarify or reconsider a determination under section 58 or section 59.

You cannot appeal while a clarification or reconsideration of the decision is pending under section 58 or section 59. If you do appeal, the original decision still applies until the appeal is finished.

The High Court's decision on your appeal is final, unless you get permission to appeal to the Court of Appeal from the High Court or the Court of Appeal itself.

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Part 2Designated services and specified services
Supplementary provisions for all determinations

60Appeals from certain determinations under Part 2

  1. Subject to subsection (2), a party to a determination made under this Part may appeal to the High Court against—

  2. a direction of the Commission under section 55 or section 56(2):
    1. the determination (including an amendment to a determination made under section 58 or a determination that has been reconsidered under section 59) on a question of law:
      1. a decision of the Commission not to clarify a determination under section 58 on a question of law:
        1. a decision of the Commission not to reconsider a determination under section 59 on a question of law.

          1. No party may appeal against a determination made under this Part—

          2. while a clarification of the determination under section 58 is pending; or
            1. while a reconsideration of the determination under section 59 is pending.

              1. If appeal or judicial review proceedings are commenced in respect of a determination, then, until the proceedings are finally disposed of, the determination continues to have effect and is enforceable as if the proceedings had not been commenced.

              2. The decision of the High Court on appeal from a determination is final unless leave to appeal to the Court of Appeal is given by the High Court or, if leave is refused by the High Court, by the Court of Appeal.

              3. Repealed
              Notes
              • Section 60(5): repealed, on , by section 48(2) of the Supreme Court Act 2003 (2003 No 53).