(1)Where an appeal is brought under section 58 above, a tribunal to determine the appeal shall be constituted in accordance with subsection (2) below.
(2)The tribunal shall consist of—
(a)a chairman appointed by the Lord Chancellor or, where the society concerned has its registered office in Scotland, by the Lord Chancellor in consultation with the Lord Advocate; and
(b)two other members appointed by the Treasury.
(3)The chairman shall be a person who—
(a)has a seven year general qualification, within the meaning of the M1Courts and Legal Services Act 1990;
(b)is an advocate or solicitor in Scotland of at least seven years’ standing; or
(c)is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years’ standing;
and the other two members shall be persons appearing to the Treasury to have experience of accountancy, the business of insurance or the business of friendly societies.
[F2(3A)A person shall not be appointed after the day on which he attains the age of 70 to be the chairman of a tribunal under this section.]
(4)Subject to subsection (5) below, on any appeal against a decision of the Commission the question for the determination of the tribunal shall be whether, for the reasons adduced by the appellant, the decision was unlawful or not justified by the evidence on which it was based.
(5)In the case of an appeal against a decision to give a direction under section 54 or 55 above—
(a)the tribunal shall, on the evidence adduced before it, reconsider the decision to give the direction and the steps specified in the direction (according to the extent of the appeal);
(b)if the tribunal determines that such a direction should not be given, it shall reverse the decision; and
(c)if the tribunal determines that those steps should not be so specified, it may give the Commission such guidance as it thinks fit as to what the appropriate steps might be.
(6)The tribunal may, on the application of the friendly society concerned, order that the operation of any condition which is the subject of an appeal by the society be suspended pending the determination of the appeal.
(7)The tribunal may confirm or reverse the decision which is the subject of the appeal but shall not have power to vary it except by directing the Commission—
(a)in the case of an appeal against a decision to refuse to grant authorisation, to determine conditions to which the grant of authorisation is to be subject;
(b)in the case of an appeal against the imposition of conditions or as to the conditions imposed by the decision, to determine conditions or different conditions subject to which the authorisation is to be granted or is to continue, as the case may be;
(c)in the case of an appeal against a decision to withdraw authorisation, to determine conditions or different conditions subject to which the authorisation is to continue in force, as the case may be;
(d)in the case of an appeal against a decision as to the steps specified in a direction under section 54 or 55 above, to determine, having taken account of any guidance given under subsection (5) above, the steps which are to be so specified.
(8)Where by virtue of subsection (7)(d) above the tribunal directs the Commission to determine the steps to be specified in the direction, the society may appeal against the steps so specified.
(9)Where by virtue of subsection (7) above the tribunal directs the Commission to determine conditions or different conditions—
(a)the Commission shall in accordance with section 34 or 36 above impose such conditions as it thinks fit; and
(a)paragraphs 7 and 8 of Schedule 13 to this Act shall apply subject to the modifications made by paragraph 9 of that Schedule;
and the society may appeal to the tribunal against any condition so imposed.
(10)On any such appeal the tribunal may confirm or reverse the Commission’s decision with respect to the conditions which are the subject of the appeal or may direct the Commission to determine different conditions; and where by virtue of this subsection the tribunal directs the Commission to determine different conditions, subsection (9) above shall apply as it applies where the tribunal gives such a direction by virtue of subsection (7) above.
(11)Where the tribunal reverses a decision of the Commission to refuse to grant authorisation, it shall direct the Commission to grant it; and where the tribunal reverses a decision of the Commission to make the grant of authorisation subject to conditions, it shall direct the Commission to grant it unconditionally.
(12)Notice of a tribunal’s determination, together with a statement of its reasons, shall be given to the appellant and to the Commission; and unless the tribunal has directed the Commission to determine conditions or, in any other case, the tribunal directs otherwise, the determination shall come into operation when the notice is given to the appellant.
(13)The Treasury may out of money provided by Parliament pay to the persons appointed as members of a tribunal under this section such fees and allowances in respect of expenses as the Treasury may determine and any other expenses incurred for the purposes of this section.
Textual Amendments
F1S. 58A substituted (17.8.2001 for specified purposes and otherwise 1.12.2001) for ss. 58-61 by S.I. 2001/2617, arts. 2, 8(1), 13(1), Sch. 3 para. 75 (with art. 13(3), Sch. 5); S.I. 2001/3538, art. 2(1)
F2S. 59(3A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.68 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
Modifications etc. (not altering text)
C1S. 59 restricted (31.3.1995) by 1993 c. 8, s. 26(8)(j) (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2
S. 59: power to transfer functions conferred (19.5.1999) by S.I. 1999/678, art. 2(1), Sch.
C2S. 59(2)(a): power to transfer certain functions conferred (1.7.1999) by S.I. 1999/1750, arts. 1(1), 2, Sch. 1
Marginal Citations