C1C2C3C4C5C6C7C8C9C10Part IX Hearings and Appeals

Annotations:
Modifications etc. (not altering text)
C1

Pt. IX applied (17.8.2001 for certain purposes otherwise 1.12.2001) by 1986 c. 53, s. 46A(7) (as substituted (17.8.2001 for certain purposes otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 148 (with art. 13(1) Sch. 5)); S.I. 2001/3538, art. 2(1)

Pt. IX applied (17.8.2001 for certain purposes otherwise 1.12.2001) by 1992 c. 40, s. 58A(7) (as substituted (17.8.2001 for certain purposes otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 75 (with art. 13(3), Sch. 5)); S.I. 2001/3538, art. 2(1)

Pt. IX applied (with modifications) (17.8.2001 for certain purposes otherwise 1.12.2001) by 1992 c. 40, s. 85(4C)(4D) (as inserted (17.8.2001 for certain purposes otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 95 (with art. 13(3), Sch. 5)); S.I. 2001/3538, art. 2(1)

Pt. IX applied (with modifications) (17.8.2001 for certain purposes otherwise 1.12.2001) by 1986 c. 53, s. 93(6B)(6C) (as substituted (17.8.2001 for certain purposes otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 177(d) (with art. 13(3), Sch. 5)); S.I. 2001/3538, art. 2(1)

C9

Pt. 9 applied (with modifications) (31.12.2009) by Banking Act 2009 (c. 1), ss. 202(3), 263(1) (with ss. 206, 247); S.I. 2009/3000, art. 4, Sch. para. 2 (with art. 2)

C10

Pt. 9 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 19, Sch. paras. 7, 8

I2C11132 The Financial Services and Markets Tribunal.

1

For the purposes of this Act, there is to be a tribunal known as the Financial Services and Markets Tribunal (but referred to in this Act as “the Tribunal”).

2

The Tribunal is to have the functions conferred on it by or under this Act.

3

The Lord Chancellor may by rules make such provision as appears to him to be necessary or expedient in respect of the conduct of proceedings before the Tribunal.

4

Schedule 13 is to have effect as respects the Tribunal and its proceedings (but does not limit the Lord Chancellor’s powers under this section).

C12C13C14133 Proceedings: general provision.

1

A reference to the Tribunal under this Act must be made before the end of—

a

the period of 28 days beginning with the date on which the decision notice or supervisory notice in question is given; or

b

such other period as may be specified in rules made under section 132.

2

Subject to rules made under section 132, the Tribunal may allow a reference to be made after the end of that period.

3

On a reference the Tribunal may consider any evidence relating to the subject-matter of the reference, whether or not it was available to the Authority at the material time.

4

On a reference the Tribunal must determine what (if any) is the appropriate action for the Authority to take in relation to the matter referred to it.

5

On determining a reference, the Tribunal must remit the matter to the Authority with such directions (if any) as the Tribunal considers appropriate for giving effect to its determination.

C156

In determining a reference made as a result of a decision notice, the Tribunal may not direct the Authority to take action which the Authority would not, as a result of section 388(2), have had power to take when giving the decision notice.

7

In determining a reference made as a result of a supervisory notice, the Tribunal may not direct the Authority to take action which would have otherwise required the giving of a decision notice.

8

The Tribunal may, on determining a reference, make recommendations as to the Authority’s regulating provisions or its procedures.

9

The Authority must not take the action specified in a decision notice—

a

during the period within which the matter to which the decision notice relates may be referred to the Tribunal; and

b

if the matter is so referred, until the reference, and any appeal against the Tribunal’s determination, has been finally disposed of.

10

The Authority must act in accordance with the determination of, and any direction given by, the Tribunal.

11

An order of the Tribunal may be enforced—

a

as if it were an order of a county court; or

b

in Scotland, as if it were an order of the Court of Session.

12

Supervisory notice” has the same meaning as in section 395.

F1133AF1 Proceedings before Tribunal: decision and supervisory notices, etc.

1

In determining a reference made (whether under this or any other Act) as a result of a decision notice given by the Authority, the Tribunal may not direct the Authority to take action which the Authority would not, as a result of section 388(2), have had power to take when giving the notice.

2

In determining a reference made as a result of a supervisory notice given by the Authority, the Tribunal may not direct the Authority to take action which would have otherwise required the giving of a decision notice.

3

In subsection (2) “supervisory notice” has the same meaning as in section 395.

4

The Authority must not take the action specified in a decision notice—

a

during the period within which the matter to which the notice relates may be referred to the Tribunal (whether under this or any other Act); and

b

if the matter is so referred, until the reference, and any appeal against the Tribunal's determination, has been finally disposed of.

5

The Tribunal may, on determining a reference (whether made under this or any other Act) in respect of a decision of the Authority, make recommendations as to the Authority's regulating provisions or its procedures.

133B Offences

1

This section applies in the case of proceedings before the Tribunal in respect of—

a

a decision of the Authority;

b

a decision of the Bank of England; or

c

a decision of a person relating to the assessment of any compensation or consideration under the M1Banking (Special Provisions) Act 2008 or the M2Banking Act 2009.

2

A person is guilty of an offence if that person, without reasonable excuse—

a

refuses or fails—

i

to attend following the issue of a summons by the Tribunal; or

ii

to give evidence; or

b

alters, suppresses, conceals or destroys, or refuses to produce a document which he may be required to produce for the purposes of proceedings before the Tribunal.

3

A person guilty of an offence under subsection (2)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

4

A person guilty of an offence under subsection (2)(b) is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.

Appeals

C16I3137 Appeal on a point of law.

1

A party to a reference to the Tribunal may with permission appeal—

a

to the Court of Appeal, or

F2b

the Supreme Court.

on a point of law arising from a decision of the Tribunal disposing of the reference.

2

Permission” means permission given by the Tribunal or by the Court of Appeal or (in Scotland) the Court of Session.

3

If, on an appeal under subsection (1), the court considers that the decision of the Tribunal was wrong in law, it may—

a

remit the matter to the Tribunal for rehearing and determination by it; or

b

itself make a determination.

4

An appeal may not be brought from a decision of the Court of Appeal under subsection (3) except with the leave of—

a

the Court of Appeal; or

b

the House of Lords.

5

An appeal lies, with the leave of the Court of Session or the F3Supreme Court, from any decision of the Court of Session under this section, and such leave may be given on such terms as to costs, expenses or otherwise as the Court of Session or the F3Supreme Court may determine.

6

Rules made under section 132 may make provision for regulating or prescribing any matters incidental to or consequential on an appeal under this section.