Appeals
57Appeals from the Consumer Credit Appeals Tribunal
In Part 3 of the 1974 Act after section 41 insert—
41AAppeals from the Consumer Credit Appeals Tribunal
1
A party to an appeal to the Tribunal may with leave appeal—
a
in England and Wales and Northern Ireland, to the Court of Appeal, or
b
in Scotland, to the Court of Session,
on a point of law arising from a decision of the Tribunal.
2
For the purposes of subsection (1) leave to appeal may be given by—
a
the Tribunal; or
b
the Court of Appeal or the Court of Session.
3
An application for leave to appeal may be made to the Court of Appeal or the Court of Session only if the Tribunal has refused such leave.
4
If on an appeal under this section the court considers that the decision of the Tribunal was wrong in law, it may do one or more of the following—
a
quash or vary that decision;
b
substitute for that decision a decision of its own;
c
remit the matter to the Tribunal for rehearing and determination in accordance with the directions (if any) given to it by the court.
5
An appeal may be brought from a decision of the Court of Appeal under this section only if leave to do so is given by the Court of Appeal or the House of Lords.
6
Rules under section 40A(3) may make provision for regulating or prescribing any matters incidental to or consequential on an appeal under this section.
7
In this section ‘party’ means, in relation to an appeal to the Tribunal, the appellant or the OFT.