PART 8Transitional provisions
CHAPTER 3Appeals
Appeals – where steps taken before 1st April 201454
1
Paragraphs (2) and (3) (in addition to provision made in Chapter 2) apply where a person (“A”) had, before 1st April 2014, submitted a notice of appeal to the First-tier Tribunal under section 41 of the 1974 Act (appeals to First-tier Tribunal under Part 3)233 (“a relevant appeal”).
2
Sections 41 to 41ZB of the 1974 Act (appeals, Tribunal procedure rules and disposal of appeals)234 continue to apply to a relevant appeal (notwithstanding any repeal made by this Order) with the following modifications to section 41ZB—
a
for each reference to the “OFT” substitute “FCA”;
b
omit subsections (5) and (6).
3
In any relevant appeal—
a
anything done by the OFT before 1st April 2014 in relation to the appeal is to be treated as having been done by the FCA;
b
the FCA is substituted for the OFT as a party to the appeal.
Appeals – where no steps taken before 1st April 201455
1
Paragraphs (2) to (4) (in addition to provision made in Chapter 2) apply where a person (“A”) had, before 1st April 2014, a right to submit a notice of appeal to the First-tier Tribunal under section 41 of the 1974 Act but had not exercised that right before that date.
2
A may refer the matter to the Tribunal within the specified period.
3
Section 133 of the Act (proceedings before Tribunal: general provision)235 applies to any such reference as if it were a disciplinary reference (within the meaning of that section).
4
In this article, “specified period” has the same meaning as in the 1974 Act.