Division 3 — Decision of Board
Decision of Board
29.—(1)  The Board may, in its discretion, direct that its decision in any appeal be notified to the parties concerned in the following manner:
(a)by the Secretary giving a copy of the written decision to the parties which is duly signed by all the members of the Board who heard the appeal, including the Presiding Board Member; or
(b)orally before the parties by —
(i)the Presiding Board Member; or
(ii)in the absence of the Presiding Board Member, any other member of the Board who heard the appeal,
and it shall not be necessary for all the members of the Board who heard the appeal to reassemble merely for the purpose of notifying the parties of the decision.
(2)  Where the decision of the Board is the decision of a majority, that fact shall be stated.
(3)  The Secretary shall enter the decision of the Board in the register.
(4)  The Chairman shall arrange for the decision of the Board to be published in such manner as he considers appropriate.
Costs
30.—(1)  The Board may, in relation to any appeal proceedings, award costs in its discretion.
(2)  The power to award costs under paragraph (1) includes the power to direct any party to pay to the Board such sum as may be appropriate in reimbursement of any costs incurred by the Board in connection with the summoning of witnesses.
Interest
31.—(1)  If the Board imposes, confirms or varies any financial penalty, the Board may, in addition, order that interest be paid on the amount of any such penalty from such date, not being a date earlier than the date upon which the notice of appeal was lodged in accordance with regulations 7 and 8, and at such rate as the Board considers appropriate.
(2)  Unless the Board otherwise directs, the rate of interest shall not exceed the rate prescribed in the Rules of Court 2021 (G.N. No. S 914/2021) in respect of judgment debts.
[S 406/2022 wef 26/05/2022]
(3)  Any interest ordered to be paid under paragraph (1) shall form part of the penalty payable and be enforced according to section 85 of the Act.
Consent orders
32.—(1)  If all the parties to an appeal agree on the terms on which to settle all or any part of the proceedings, they may request the Board to make a consent order.
(2)  A request for a consent order shall be made by sending to the Secretary —
(a)a draft consent order;
(b)a consent order impact statement which is in accordance with paragraph (3); and
(c)a statement signed by all the parties to the proceedings, or their authorised representatives or legal representatives, requesting that an order be made in the terms of the draft consent order.
(3)  A consent order impact statement shall provide an explanation of the draft consent order, including —
(a)an explanation of the circumstances giving rise to the draft consent order;
(b)the relief to be obtained if the order is made; and
(c)the anticipated effects on competition of that relief.
(4)  In respect of any request for a consent order, the Board may, as it thinks fit, after hearing the parties —
(a)make the order in the terms requested;
(b)invite the parties to vary the terms and make the order in the terms as varied; or
(c)refuse to make any order.