Page:Competition Act 2004.pdf/53

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COMPETITION
53


(e) prescribing the fees to be paid in respect of any appeal under this Part;
(f) prescribing the award of costs of or incidental to any proceedings before the Board or the award of expenses, including any allowances payable to persons in connection with their attendance before the Board; and
(g) generally for the better carrying out of the provisions of this Part.

Powers and decisions of Board

73.—(1) The Board shall, by notice to the Commission and the appellant, specify the date on and the place at which the appeal shall be heard.

(2) The Board shall have all the powers and duties of the Commission that are necessary to perform its functions and discharge its duties under this Act.

(3) The Board shall have the powers, rights and privileges vested in a District Court on the hearing of an action, including—

(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise;
(b) the compelling of the production of documents; and
(c) the award of such costs or expenses as may be prescribed under section 72(15).

(4) A summons signed by such member of the Board as may be authorised by the Board shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(5) Where any person being duly summoned to attend before the Board does not so attend, that person shall be guilty of an offence.

(6) A witness before the Board shall be entitled to the same immunities and privileges as if he were a witness before a District Court.

(7) All appeals under this section shall be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.

(8) The Board may confirm or set aside the decision which is the subject of the appeal, or any part of it, and may—