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Appointment details

Competition Appeal Tribunal, Ordinary Members x 10

Summary

• Organisation: Competition Appeal Tribunal
• Sponsor department: Department for Business and Trade
• Location: London
• Sectors: Business and Trade
• Skills: Legal
• Number of vacancies: 10
• Time commitment: Adhoc
• Remuneration: £400 per day
• Length of term: 8 years
• Application deadline: 9am on 14 November 2022

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Timeline for this appointment

1. Opening date

   7 October 2022

2. Application deadline

   9am on 14 November 2022

3. Sifting date

   21 November 2022

4. Interviews expected to end on

   13 January 2023

Timeline dates are only an estimate and can change

About the appointment

Introduction

The CAT is a non-departmental public body of the Department for Business, Energy and Industrial Strategy (BEIS). The Ordinary Members of the Tribunal are appointed by the BEIS Secretary of State. The principal functions of the CAT include: hearing and deciding appeals of decisions taken by the Competition and Markets Authority (CMA) and economic regulators concerning infringements of competition law; hearing judicial review applications of CMA decisions concerning merger and market investigations; hearing appeals in respect of decisions taken by OFCOM regarding the regulation of telecoms and data services; and hearing claims for damages (including collective claims – otherwise known as class actions) in respect of infringements of competition law.

The CAT will also hear judicial review applications relating to public authority decisions concerning subsidies. Further detailed information about the role and functions of the CAT can be found on its website: www.catribunal.org.uk

Appointment description

Purpose of the role

Each case within the statutory jurisdiction of the Tribunal is typically heard and decided by a panel consisting of the President or a Chairman and two Ordinary  Members.  The  Registrar  of  the  CAT  selects  the  Ordinary Members to sit on the individual panels and when doing so will consider a number of factors including: whether any particular type of expertise is required by the facts and arguments in the particular case; the part of the United Kingdom (UK) in which the case arises; whether there is any issue that may potentially give rise to a conflict of interest; and the general availability of members.

Responsibilities

Once appointed to a tribunal, your role will be fully judicial in nature. This will involve:

• reading and considering the written submissions of all the parties;
• conferring with the other Members of the panel on the issues raised and on the arrangements for hearing the case;
• hearing the parties and assessing evidence presented orally at the hearing;
• reaching the decision on the outcome of the case; and
• ensuring, with the other Members of the panel, that the case is conducted fairly and expeditiously in accordance with the CAT’s Rules of Procedure and general principles of law.

You will be expected to:

• assimilate the large volume of often difficult evidence submitted throughout the duration of the case and to understand the novel and complex arguments made by the parties;
• contribute, when appropriate, to the tribunal’s decisions on procedural and case management issues as well as to decisions on the substantive issues in the case;
• assess the evidence and reach a judgement on the case, with the other Members of the panel;
• be flexible in accommodating the rapidly fluctuating demands of the work;
• keep up to date in your own time with developments in the fields of competition and regulatory law and practice and related areas;
• be guided on often difficult legal and procedural matters by the Chairman;
• uphold the highest standards of integrity and impartiality abiding by the Seven Principles of Public Life; and
• attend and contribute to regular training sessions organised by the CAT and, occasionally, give or attend outside talks and other events in your capacity as a Member of the CAT.

Person Specification

For this role, we are seeking to appoint individuals having specialist knowledge and experience in the fields of economics, and/or competition and markets law, and/or with significant experience, at a senior level, of market practice and policy including dispute resolution (particularly if they have been concerned with competition, economic regulation, digital or consumer issues). The Tribunal seeks to maintain a diverse bench, reflective of the UK, who satisfy the criteria set out below. We would particularly welcome applications from those resident in Scotland, Northern Ireland and Wales with the relevant experience to ensure that the Tribunal reflects its UK-wide jurisdiction.

Regulation of appointment

This post is regulated by the Commissioner for Public Appointments. For more information, please refer to the Commissioner’s website 

Person specification

Essential criteria

Essential:

• [Lead criteria:] Deep, expert knowledge and a proven track record as described in the foregoing paragraph;
• ability to assimilate large quantities of detailed information and to analyse, understand and assess complex arguments dispassionately and by reference to the evidence;
• ability to reach fair judgements based on cogent reasoning;
• ability to understand the intricate and complex legal environment in which you will be deciding issues; and
• ability both to work on your own and in a collegiate way within a small team of other members and staff, often to tight deadlines.

Desirable criteria

Desirable:

• experience of making finely balanced reasoned judgements in matters involving the assessment of complex technical evidence;
• mental and physical resilience, and personal availability, to sit in relation to long hearings (often several weeks, and sometimes longer)

Please note:

If there are a large number of applicants the sift will be assessed against the essential lead criteria.

Application and selection process

How to apply

The closing date for applications is 9am on 14 November 2022. Late or incomplete applications will not be accepted.

To apply, please:

• Complete the online application form by clicking here.
• Submit your cover letter and CV to Joshua Sweet at publicappointments@beis.gov.uk with ‘URN561 CAT’ in the subject heading.
• Applicant packs can be provided in other formats upon request.

You should submit one document combining a two-page statement of suitability and two-page CV (no more than four sides of A4 in total), and save the document as ‘[Your Surname, Your Initial] – URN561 CAT.’

Overview of the application process

Public appointments are made on merit following a fair and open competition process which is conducted in accordance with the Governance Code for Public Appointments. We will deal with your application as quickly as possible and will keep you informed at key stages. We aim to conclude the appointment process within three months of the deadline for applications – this is in accordance with the Governance Code.

The assessment process

1. Ministers are responsible and accountable to Parliament for the public appointments made within their department. As a result, they must be consulted at every stage of the appointments process.

2. An Advisory Assessment Panel (“Panel”) is appointed by Ministers to assist them in their decision making. The role of the Panel is to decide, objectively, which candidates meet the eligibility criteria for the role.

3. At the shortlisting meeting the Panel will assess applications against the eligibility criteria and decide which candidates have best met the criteria, who should be recommended for interview. Ministers will then be consulted on the Panel’s recommended shortlist. If you have applied under the Disability Confident Scheme and you meet all the essential criteria, then you will also be invited for an interview.

4. Once the shortlist has been agreed by Ministers, you will be advised (by e-mail) whether you have been shortlisted. Those shortlisted will be invited to an interview.

5. The Panel will meet again to interview candidates and determine who is appointable to the role. The Panel may invite you to make a brief presentation at the start of the interview and will go on to question you about your skills and experience, including asking specific questions to assess whether you meet the criteria set out for the post. The Panel will also explore with you any potential conflicts of interest or any other issues arising from your personal and professional history which may impact on an appointment decision.

6. Details of the panel’s assessment of interviewed candidates are provided to Ministers, including whether they have judged a candidate to be appointable to the role. It is then for Ministers to determine merit and decide who should be appointed. In some circumstances, Ministers may choose not to appoint any candidates and re-run the competition.

7. Ministers may choose to meet with candidates before deciding the outcome. Candidates should therefore be prepared for a short time gap between interview and a final appointment decision being made. Candidates who have been interviewed will be kept informed of progress.

8. Once the decision on the appointment has been made, interviewed candidates will be advised of the outcome of their application, including whom they may approach for feedback. Successful candidates will be issued with their Terms & Conditions and a letter of appointment should they agree to take up the position.

Further information about appointments, including tips on applying, can be found on our guidance pages on gov.uk.

Advisory Assessment Panel (AAP)

The Advisory Assessment Panel will consist of: 

• Alesha De-Freitas - Panel Chair - Deputy Director, Competition Policy.
• The Honorable Mr Justice Marcus Smith - President, Competition Appeal Tribunal.
• Charles Dhanowa OBE KC (Hon) - Registrar, Competition Appeal Tribunal.
• Laurie Benson - Non-Executive Director, Independent Panel Member.

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

• Alesha De-Freitas

  Panel Chair

  Deputy Director, Competition Policy

• The Honorable Mr Justice Marcus Smith

  President, Competition Appeal Tribunal • Representative of Organisation

• Charles Dhanowa OBE KC (Hon)

  Registrar, Competition Appeal Tribunal • Representative of Organisation

• Laurie Benson

  Non-Executive Director, Independent Member

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

Eligibility criteria

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

There are a small number of specialist roles that are not open to non-British citizens. Any nationality requirements will be specified in the vacancy details.

The Government expects all holders of public office to work to the highest personal and professional standards. 

You cannot be considered for a public appointment if:

• you are disqualified from acting as a company director  (under the Company Directors Disqualification Act 1986);

• have an unspent conviction on your criminal record;

• your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

• you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this. 

• you are subject to a current police investigation.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points. 

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard checks in line with the Civil Service guidelines. Additional Security Clearance may also be required for certain roles. However, where this applies, candidates will be notified during the appointment process. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. 

As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the essential criteria for the role, set out in the advert, and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘minimum criteria,’ we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert.

When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

We are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving additional detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

Holders of public office are expected to adhere to and uphold the Seven Principles of Public Life https://www.gov.uk/government/publications/the-7-principles-of-public-life/the-7-principles-of-public-life--2. These are:

1. SELFLESSNESS - Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends;
2. INTEGRITY - Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties;
3. OBJECTIVITY - In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit;
4. ACCOUNTABILITY - Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office;
5. OPENNESS - Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands;
6. HONESTY - Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest;
7. LEADERSHIP - Holders of public office should promote and support these principles by leadership and example.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

As this is an office holder appointment, you will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

Appointments are for the term set out in this advert, with the possibility of re-appointment for a further term, at the discretion of Ministers.  Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. There is no automatic presumption of reappointment; each case should be considered on its own merits, taking into account a number of factors including, but not restricted to, the diversity of the current board and its balance of skills and experience. In most cases, the total time served in post will not exceed more than two terms or serve in any one post for more than ten years

Remuneration, allowances and abatement

Remuneration for this role is treated as employment income and will be subject to tax and National Insurance contributions, both of which will be deducted at source under PAYE before you are paid. 

You can claim reimbursement for reasonable travel and subsistence costs which are properly and necessarily incurred on official business, in line with the travel and subsistence policy and rates for the organisation to which you are applying. However these payments are taxable as earnings and will be subject to tax and national insurance, both of which will be deducted at source under PAYE before you are paid.  

Pension and redundancy

This is an office holder appointment and does not attract any benefits under any Civil Service Pension Scheme. You will not be eligible for redundancy pay as you are not an employee. No other arrangements have been made for compensation upon the end of your term of appointment because an office holder who is appointed for a limited duration would have no expectation of serving beyond that period.

Application feedback

We will notify you of the status of your application. We regret that we are only able to offer detailed feedback to candidates who have been unsuccessful at the interview stage.

How to complain

We aim to process all applications as quickly as possible and to treat all applicants with courtesy.

Please contact the BEIS public appointments team in the first instance if you would like to make a complaint regarding your application at publicappointments@beis.gov.uk. They will acknowledge your complaint upon receipt and respond within 15 working days.

How to complain to Office of the Commissioner for Public Appointments (OCPA)

If you are not content with the appointing department’s response you may wish to further complain to the Commissioner at publicappointments@csc.gov.uk.Further information on how the Commissioner handles complaints can be found on the Commissioner for Public Appointments’ website https://publicappointmentscommissioner.independent.gov.uk/regulating-appointments/investigating-complaints/

Data protection

The Cabinet Office will use your data in line with our privacy policy.

https://papt-candidate-packs-live.s3.eu-west-2.amazonaws.com/BEIS-Public-Appointments-Privacy-Notice+(1).pdf

Contact details

If you have any further queries, please contact Joshua Sweet at publicappointments@beis.gov.uk, in the first instance.