Part IX Hearings and Appeals (ss 132-137)
Part IX Hearings and Appeals (ss 132-137)

132 . . .

. . .

[133 Proceedings before Tribunal: general provision]

[(1)     This section applies in the case of a reference or appeal to the Tribunal (whether made under this or any other Act) in respect of—

(a)     a decision of [the FCA or the PRA];

(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 Banking (Special Provisions) Act 2008 or the Banking Act 2009.

[(1A)     For the purposes of this section, in the case of a reference to the Tribunal under section 290(4A) (which relates to an application by a central securities depository under section 288A), the failure by the Bank of England to make a decision is treated as a decision to refuse the application (and accordingly is treated as falling within subsection (1)(b)).]

(2)     In this section—

“relevant decision” means a decision mentioned in subsection (1)(a), (b) or (c); and

“the decision-maker”, in relation to a relevant decision, means the person who made the relevant decision.

(3)     Tribunal Procedure Rules may make provision for the suspension of a relevant decision which has taken effect, pending determination of the reference or appeal.

(4)     The Tribunal may consider any evidence relating to the subject-matter of the reference or appeal, whether or not it was available to the decision-maker at the material time.

[(5)     In the case of a disciplinary reference or a reference under section 393(11), the Tribunal—