http://www.legislation.gov.uk/id/uksi/2001/2476

http://www.legislation.gov.uk/uksi/2001/2476/article/5/made

The Financial Services and Markets Tribunal Rules 2001

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King's Printer of Acts of Parliament

2017-06-07

FINANCIAL SERVICES AND MARKETS

TRIBUNALS

These Rules regulate the procedure for references to the Financial Services and Markets Tribunal (“the Tribunal”), established under section 132 of the Financial Services and Markets Act 2000 (“the 2000 Act”), an Act passed to provide for the regulation of financial services and markets. They provide, in particular, for—the making of a reference by the applicant filing a reference notice with the Tribunal (rule 4). The applicant has 28 days to make the reference, beginning with the date on which a notice is given by the Financial Services Authority;the filing, by the Financial Services Authority, of a statement of case (rule 5);the filing, by the applicant, of a reply (rule 6);direction-making powers for the Tribunal (rules 9 and 10);power to summon witnesses (rule 12);references by third parties (rule 15);hearings by the Tribunal (rules 16 to 19);the publication of the Tribunal’s decision (rule 20);the awarding of costs (rule 21); andappeals from the Tribunal’s decision (rules 23 to 25).

The Financial Services and Markets Tribunal Rules 2001

Rules

The Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001

art. 63

Sch.

para 4-12

art. 1(2)

The Financial Services and Markets Tribunal Rules 2001

Rules

The Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001

art. 80

Sch.

para. 14-16

art. 1(2)

The Financial Services and Markets Tribunal Rules 2001

Rules

The Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001

art. 83(3)

art. 1(2)

The Financial Services and Markets Tribunal Rules 2001

Rules

The Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001

art. 95(3)

Sch.

para. 17

art. 1(2)

The Financial Services and Markets Tribunal Rules 2001

Rules

The Transfer of Tribunal Functions Order 2010

Sch. 4

Pt. 2

art. 1(2)(g)

The Financial Services and Markets Tribunal Rules 2001

The Dunfermline Building Society Independent Valuer Order 2009

arts 1419 - 27

PART IIPRELIMINARY MATTERS

Authority’s statement of case5

1

The Authority shall file a written statement (“a statement of case”) in support of the referred action so that it is received by the Tribunal no later than 28 days after the day on which the Authority received the information sent by the Secretary in accordance with rule 4(9)(b).

2

The statement of case shall—

a

specify the statutory provisions providing for the referred action;

b

specify the reasons for the referred action;

c

set out all the matters and facts upon which the Authority relies to support the referred action; and

d

specify the date on which the statement of case is filed.

3

The statement of case shall be accompanied by a list of—

a

the documents on which the Authority relies in support of the referred action; and

b

the further material which in the opinion of the Authority might undermine the decision to take that action.

4

At the same time as it files the statement of case, the Authority shall send to the applicant a copy of the statement of case and of the list referred to in paragraph (3).