Financial Services and Markets Act 2000

133 Proceedings: general provision. U.K.

(1) A reference to the Tribunal under this Act must be made before the end of—

(a) the period of 28 days beginning with the date on which the decision notice or supervisory notice in question is given; or

(b) such other period as may be specified in rules made under section 132.

(2) Subject to rules made under section 132, the Tribunal may allow a reference to be made after the end of that period.

(3) On a reference the Tribunal may consider any evidence relating to the subject-matter of the reference, whether or not it was available to the Authority at the material time.

(4) On a reference the Tribunal must determine what (if any) is the appropriate action for the Authority to take in relation to the matter referred to it.

(5) On determining a reference, the Tribunal must remit the matter to the Authority with such directions (if any) as the Tribunal considers appropriate for giving effect to its determination.

(6) In determining a reference made as a result of a decision notice, the Tribunal may not direct the Authority to take action which the Authority would not, as a result of section 388(2), have had power to take when giving the decision notice.

(7) In determining a reference made as a result of a supervisory notice, the Tribunal may not direct the Authority to take action which would have otherwise required the giving of a decision notice.

(8) The Tribunal may, on determining a reference, make recommendations as to the Authority’s regulating provisions or its procedures.

(9) The Authority must not take the action specified in a decision notice—

(a) during the period within which the matter to which the decision notice relates may be referred to the Tribunal; and

(b) if the matter is so referred, until the reference, and any appeal against the Tribunal’s determination, has been finally disposed of.

(10) The Authority must act in accordance with the determination of, and any direction given by, the Tribunal.

(11) An order of the Tribunal may be enforced—

(a) as if it were an order of a county court; or

(b) in Scotland, as if it were an order of the Court of Session.

(12) “Supervisory notice” has the same meaning as in section 395.

Modifications etc. (not altering text)

C1 S. 133 applied (1.12.2001) by S.I. 2001/1228, regs. 1(2)(c), 11 (with reg. 1(2)(3)); S.I. 2001/3538, art. 2(1)

S. 133 applied (with modifications) (10.8.2001) by S.I. 2001/2636, arts. 1(2)(a), 58(6)

S. 133 applied (with modifications) (1.12.2001) by S.I. 2001/2657, arts. 1(1), 10(6), 11(6) (which was revoked (8.10.2001) by 2001/3083, arts. (2), 23); S.I. 2001/3538, art. 2(1)

S. 133 applied (with modifications) (1.12.2001) by S.I. 2001/3083, arts. 1(2), 10(6), 11(6); S.I. 2001/3538, art. 2(1)

S. 133 applied (with modifications) (1.12.2001) by S.I. 2001/3592, arts. 1(2), 62(2), 79(2) (with art. 23(2))

S. 133 applied (1.12.2001) by S.I. 2001/3592, arts. 1(2), 83(3) (with art. 23(2))

C2 S. 133 amended (18.7.2002 for certain purposes and 21.8.2002 otherwise) by The Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 (S.I. 2002/1775), regs. 1, 12(4)

C3 S. 133 applied (N.I.) (1.11.2004) by Open-Ended Investment Companies Regulations (Northern Ireland) 2004 (S.R. 2004/335), regs. 1(1)(b), 11 (with reg. 1(2))

C4 S. 133(6) modified (1.12.2001) by S.I. 2001/2957, arts. 1, 12(8); S.I. 2001/3538, art. 2(1)