Compensation Act 2006

Valid from 23/01/2007

12 The Claims Management Services Tribunal E+W

(1) There shall be a tribunal to be known as the Claims Management Services Tribunal.

(2) The Tribunal shall be constituted as follows—

(a) members of the Financial Services and Markets Tribunal shall also be members of the Claims Management Services Tribunal,

(b) the President of the Financial Services and Markets Tribunal shall also act as President of the Claims Management Services Tribunal,

(c) the Deputy President of the Financial Services and Markets Tribunal shall also act as Deputy President of the Claims Management Services Tribunal, and

(d) the panel of chairmen of the Financial Services and Markets Tribunal shall also be the panel of chairmen of the Claims Management Services Tribunal.

(3) An appeal or reference to the Tribunal shall be heard by a member of the panel of chairmen—

(a) selected in accordance with arrangements made by the President, and

(b) sitting alone or, in accordance with those arrangements, with one or two members of the lay panel;

and a chairman who sits with one other member shall have a casting vote.

(4) The Lord Chancellor may make rules about the proceedings of the Tribunal; and the rules—

(a) shall include provision about timing of references and appeals,

(b) shall include provision for the suspension of decisions of the Regulator while an appeal could be brought or is pending,

(c) shall include provision about the making of interim orders,

(d) shall enable the Tribunal to suspend or further suspend (wholly or partly) the effect of a decision of the Regulator,

(e) shall permit the Regulator to apply for the termination of the suspension of a decision of his,

(f) may include provision about evidence,

(g) may include provision about any other matter of a kind for which rules under section 132 of the Financial Services and Markets Act 2000 (c. 8) (the Financial Services and Markets Tribunal) may make provision,

(h) may include transitional, consequential or incidental provision,

(i) may make provision generally or only for specified cases or circumstances,

(j) may make different provision for different cases or circumstances,

(k) shall be made by statutory instrument, and

(l) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) The following provisions of Schedule 13 to the Financial Services and Markets Act 2000 shall have effect, with any necessary modifications, in relation to the Claims Management Services Tribunal—

(a) paragraph 5 (remuneration and allowances),

(b) paragraph 6 (staff),

(c) paragraph 7(3) and (4) (composition),

(d) paragraph 8 (sittings),

(e) paragraph 10 (practice directions),

(f) paragraph 11 (evidence), and

(g) paragraph 12(1) to (3) (decisions).

(6) In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (tribunals under supervision of Council) insert at the appropriate place—

“Claims management services

The Claims Management Services Tribunal established by the Compensation Act 2006.”