Section 133: Proceedings before Tribunal: general provision, Financial Services and Markets Act 2000

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 decision of the FCA or the PRA;

a decision of the Bank of England; or

a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008 , the Banking Act 2009 or the Financial Services and Markets Act 2023.

For the purposes of this section, in the case of a reference to the Tribunal under section 290(4A) (which relates to an application by a central securities depository under section 288A), the failure by the Bank of England to make a decision is treated as a decision to refuse the application (and accordingly is treated as falling within subsection (1)(b)).

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.

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

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.

In the case of a disciplinary reference or a reference under section 393(11), the Tribunal—

must determine what (if any) is the appropriate action for the decision-maker to take in relation to the matter; and

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

In the case of a reference under paragraph 7 of Schedule 6A, the Tribunal—

must determine what (if any) is the appropriate action that must be taken in relation to the matter, and

on determining the reference, must give such directions (if any) to such persons as the Tribunal considers appropriate for giving effect to its determination.

In any other case, the Tribunal must determine the reference or appeal by either—

dismissing it; or

remitting the matter to the decision-maker with a direction to reconsider and reach a decision in accordance with the findings of the Tribunal.

The findings mentioned in subsection (6)(b) are limited to findings as to—

issues of fact or law;

the matters to be, or not to be, taken into account in making the decision; and

the procedural or other steps to be taken in connection with the making of the decision.

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

A reference is a "disciplinary reference" for the purposes of this section if it is in respect of any of the following decisions—

a decision to impose a penalty under section 63A;

a decision to take action under section 66;

a decision to take action under section 87M;

a decision to take action under section 88A;

a decision to take action under section 89K;

a decision to take action under section 89Q;

a decision to take action under section 91;

a decision to impose a penalty or publish a statement of censure under section 123, impose a prohibition under section 123A or impose a suspension or restriction under section 123B;

a decision to take action under section 131G;

a decision to take action under section 142S;

a decision to take action under section 143W;

a decision to take action under section 192K;

a decision to publish a statement under section 205, impose a penalty under section 206 or suspend a permission or impose a restriction under section 206A;

a decision to impose a prohibition or restriction under section 206B or to refuse an application under subsection (4) of that section;

a decision to take action under section 249 or 261K;

a decision to impose a penalty under section 309U;

a decision to take action under section 309Z2;

a decision to publish a statement under section 312E or 312FA or impose a penalty under section 312F or 312FA;

a decision to take action under section 345 or 345A.

a decision to take action under section 83ZR of the Banking Act 2009.

An order of the Tribunal may be enforced—

in England and Wales, as if it were an order of the county court or, in Northern Ireland, as if it were an order of a county court; or

in Scotland, as if it were an order of the Court of Session.

Section 133: Proceedings before Tribunal: general provision

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