On 6 February 2019, the CAT ruled that it had no jurisdiction to review Ofcom’s decision to approve the BBC’s launch of a new TV channel in Scotland. In declining jurisdiction, the CAT emphasised that it has no inherent jurisdiction to review Ofcom’s decisions and can only do so if it is granted jurisdiction through an express statutory provision. Ofcom had taken the contested decision in pursuit of its ability to regulate the BBC under Communications Act 2003. Mr Henry had relied on rights of appeal that did not apply to that function. Moreover, the CAT rejected Mr Henry’s argument that a separate right of appeal to the CAT arose in relation to Ofcom’s alleged breach of its duty to ensure media plurality. Mr Henry could, however, have applied for judicial review of Ofcom’s decision in the High Court.