The Financial Services Tribunal (Conduct of Investigations) Rules 1988

Joining of matters

3.—(1) This rule applies in any case in which the Tribunal is in receipt of more than one reference under section 97 of the Act and those references are concerned with the same matter or a related matter.

(2) In any case which falls within paragraph (1), the Tribunal may, if it thinks it expedient to do so, and shall, if it is requested to do so by the applicant in a case in which two or more related matters are referred to it at the request of one applicant or by all the applicants in any other case, order that the relevant investigations are to be conducted as a single investigation.

(3) In any case in which, by virtue of paragraph (2), the Tribunal proposes that two or more investigations are to be conducted as a single investigation, the Tribunal shall give notice in writing of that fact to the relevant authority and to the applicant or applicants concerned and, where there is more than one applicant, shall notify each applicant concerned of the identity of the other applicant or applicants.

(4) Subject to paragraph (5), the Tribunal shall not make an order under paragraph (2) which would be made other than at the request of the applicant or applicants unless —

(a) it has given the applicant or applicants a period of fourteen days beginning with the date of the notice referred to in paragraph (3) in which to make representations in writing as to why the order not be made; and

(b) in the case of an investigation which, by virtue of the situation of the habitual residence or principal place of business of a majority, but not all, of the applicants would be treated as an English and Welsh case, a Northern Irish case or a Scottish case, it is satisfied all the applicants consent to it being so treated.

(5) Where —

(a) the Tribunal is satisfied that an applicant has shown good cause why an order should not be made under paragraph (2); or

(b) an applicant does not consent to the investigation into the matter referred by him being treated as an English and Welsh case, a Northern Irish case or a Scottish case

the Tribunal shall order that the matter referred by the applicant in question shall be separately investigated and may, if it considers that expedient to do so, order that its investigations into the other matters with respect to which it had originally proposed to make an order under paragraph (2) be conducted as a single investigation.

(6) The Tribunal shall inform an applicant in writing of any order it makes under paragraph (5) with respect to the matter referred to it by that applicant.