PART 5ENFORCEMENT
Civil penalties, review and appeals
Appeals44
1
A person may appeal from a decision by—
F2a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the Authority, the OFT or DETI under regulation 34 or 42.
2
An appeal from a decision by—
F3a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the Authority is to the F8Upper Tribunal;
c
the OFT is to the F6First-tier Tribunal; and
d
DETI is to the High Court.
F13
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The provisions of Part 9 of the 2000 Act (hearings and appeals), subject to the modifications set out in paragraph 2 of Schedule 5, apply in respect of appeals to the F7Upper Tribunal made under this regulation as they apply in respect of references made to that Tribunal under that Act.
F55
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
Notwithstanding paragraph (2)(c), until the coming into force of section 55 of the Consumer Credit Act 2006 M1 (the Consumer Credit Appeals Tribunal), an appeal from a decision by the OFT is to the Financial Services and Markets Tribunal and, for these purposes, the coming into force of that section shall not affect—
a
the hearing and determination by the Financial Service and Markets Tribunal of an appeal commenced before the coming into force of that section (“the original appeal”); or
b
any appeal against the decision of the Financial Services and Markets Tribunal with respect to the original appeal.
8
The modifications in Schedule 5 have effect for the purposes of appeals made under this regulation.