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12.—(1) Paragraphs (2) and (3) apply in respect of a reference or appeal—
(a)in respect of a decision of the Authority;
(b)notice of which was given to the Tribunal(1) in accordance with the Tribunal Procedure (Upper Tribunal) Rules 2008(2) before the commencement date; and
(c)which the Tribunal had not determined before the commencement date.
(2) Section 133(3) (proceedings before Tribunal: general provision) applies as if—
(a)in subsection (2), for the definition of “the decision maker” there were substituted—
““the decision-maker” means whichever of the FCA, the PRA and the Bank of England would have been the person who would have made the relevant decision if the decision had been made on the commencement date.”;
(b)in subsection (5), “In the case of a disciplinary reference or a reference under section 393(11),” were omitted; and
(c)subsections (6), (6A) and (7A) were omitted.
(3) Section 133A(1) (proceedings before the Tribunal: decision and supervisory notices, etc) applies as if “given by a body” were omitted.
Section 417, amended by S.I. 2010/22, defines “the Tribunal” as meaning the Upper Tribunal.
S.I. 2008/2698, amended by S.I. 2010/747. There are other amending instruments but none is relevant.
Sections 133 and 133A were substituted by S.I. 2010/22 and are amended by the 2012 Act, section 23.
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