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

Task of interim tribunal when determining an appeal against disciplinary measureU.K.

78.—(1) Where the interim tribunal hears an appeal referred to it under article 77(2), it must—

(a)determine whether the imposition of the disciplinary measure was unlawful or was not justified by the evidence on which it was based;

(b)remit the matter to the Authority with such directions (if any) as the interim tribunal considers appropriate for giving effect to its determination.

(2) The interim tribunal may consider only the evidence which was considered in the course of the proceedings which resulted in the imposition of the disciplinary measure, unless fresh evidence come to light which could not reasonably have been made available then by the party now seeking to adduce it.

(3) Articles 59, 60 and 61 apply to the determination of the interim tribunal and to the action taken by the Authority following a direction by the interim tribunal under paragraph (1).

Commencement Information

I1Art. 78 in force at 1.12.2001, see art. 1(2)