The Transfer of Funds (Information on the Payer) Regulations 2007

Appeals

13.—(1) A payment service provider may appeal from a decision by—

(a) the Authority under regulation 11(7); and

(b) the Commissioners on a review under regulation 12.

(2) An appeal from a decision by—

(a) the Authority is to the Financial Services and Markets Tribunal(1); and

(b) the Commissioners is to a VAT and duties tribunal(2).

(3) The provisions of Part 9 of the 2000 Act (hearings and appeals), subject to the modifications set out in paragraph 1 of Schedule 2, apply in respect of appeals to the Financial Services and Markets Tribunal made under this regulation as they apply in respect of references made to that Tribunal under that Act.

(4) The provisions of Part 5 of the Value Added Tax Act 1994(3) (appeals), subject to the modifications set out in paragraph 2 of Schedule 2, apply in respect of appeals to a VAT and duties tribunal made under this regulation as they apply in respect of appeals made to such a tribunal under section 83 (appeals) of that Act.

(5) A VAT and duties tribunal hearing an appeal under paragraph (2) has the power to—

(a) quash or vary any decision of the supervisory authority, including the power to reduce any penalty to such amount (including nil) as they think proper; and

(b) substitute their own decision for any decision quashed on appeal.

(1)

Established under section 132 of the 2000 Act.

(2)

Established under section 82 of and Schedule 12 to the Value Added Tax Act 1994 (c.23).

(3)

1994 c. 23.