Part III Licensing of Credit and Hire Businesses

F1AppealsF2

Annotations:
Amendments (Textual)
F1

S. 40A and preceding cross-heading inserted (1.12.2007 for specified purposes and 6.4.2008 for further specified purposes and otherwise prosp.) by Consumer Credit Act 2006 (c. 14), ss. {55(1)}, 71(2) (with Sch. 3 para. 25); S.I. 2007/3300, art. 3(1){(2)}, Schs. 1, 2

F2

S. 41A inserted (1.12.2007 for specified purposes and otherwise 6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. 57, 71(2); S.I. 2007/3300, art. 3(1), 3(2), Sch. 1, Sch. 2

F2C141AAppeals 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.