133Proceedings before Tribunal: general provision

1

This section applies in the case of a reference or appeal to the Tribunal (whether made under this or any other Act) in respect of—

a

a decision of the Authority;

b

a decision of the Bank of England; or

c

a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 200829 or the Banking Act 200930.

2

In this section—

• “relevant decision” means a decision mentioned in subsection (1)(a), (b) or (c); and

• “the decision-maker”, in relation to a relevant decision, means the person who made the relevant decision.

3

Tribunal Procedure Rules may make provision for the suspension of a relevant decision which has taken effect, pending determination of the reference or appeal.

4

The Tribunal may consider any evidence relating to the subject-matter of the reference or appeal, whether or not it was available to the decision-maker at the material time.

5

The Tribunal must determine what (if any) is the appropriate action for the decision-maker to take in relation to the matter referred or appealed to it.

6

On determining the reference or appeal, the Tribunal must remit the matter to the decision-maker with such directions (if any) as the Tribunal considers appropriate for giving effect to its determination.

7

The decision-maker must act in accordance with the determination of, and any direction given by, the Tribunal.

8

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.

133AProceedings before Tribunal: decision and supervisory notices, etc.

1

In determining a reference made (whether under this or any other Act) as a result of a decision notice given by the Authority, 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 notice.

2

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

3

In subsection (2) “supervisory notice” has the same meaning as in section 395.

4

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

a

during the period within which the matter to which the notice relates may be referred to the Tribunal (whether under this or any other Act); and

b

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

5

The Tribunal may, on determining a reference (whether made under this or any other Act) in respect of a decision of the Authority, make recommendations as to the Authority’s regulating provisions or its procedures.

133BOffences

1

This section applies in the case of proceedings before the Tribunal in respect of—

a

a decision of the Authority;

b

a decision of the Bank of England; or

c

a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 200831 or the Banking Act 200932.

2

A person is guilty of an offence if that person, without reasonable excuse—

a

refuses or fails—

i

to attend following the issue of a summons by the Tribunal; or

ii

to give evidence; or

b

alters, suppresses, conceals or destroys, or refuses to produce a document which he may be required to produce for the purposes of proceedings before the Tribunal.

3

A person guilty of an offence under subsection (2)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

4

A person guilty of an offence under subsection (2)(b) is liable—

a

on summary conviction, to a fine not exceeding the statutory maximum;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.