{
  "url": "https://openlegislation.uk/banking-act-1987-repealed/section-28",
  "json_url": "https://openlegislation.uk/banking-act-1987-repealed/section-28.json",
  "legislation": "ukpga/1987/22",
  "legislation_title": "Banking Act 1987 (repealed)",
  "legislation_url": "https://openlegislation.uk/banking-act-1987-repealed",
  "path": "section/28",
  "kind": "section",
  "number": "28",
  "heading": "Constitution of tribunals.",
  "text": "(1) Where an appeal is brought under section 27 above a tribunal to determine the appeal shall be constituted in accordance with subsection (2) below.\n(2) The tribunal shall consist of—\n(a) a chairman appointed by the Lord Chancellor or, in a case where the institution concerned is a company registered in Scotland or has its principal or prospective principal place of business in the United Kingdom in Scotland, by the Lord Chancellor in consultation with the Lord Advocate; and\n(b) two other members appointed by the Chancellor of the Exchequer.\n(3) The chairman shall be\n(a) person who has a seven year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;\n(b) an advocate or solicitor in Scotland of at least seven years’ standing; or\n(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years’ standing;\nand the other two members shall be persons appearing to the Chancellor of the Exchequer to have respectively experience of accountancy and experience of banking.\n(3A) A person shall not be appointed after the day on which he attains the age of 70 to be the chairman of a tribunal under this section.\n(4) The Treasury may out of money provided by Parliament pay to the persons appointed as members of a tribunal under this section such fees and allowances in respect of expenses as the Treasury may determine and may also out of such money defray any other expenses of a tribunal.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 28(3)(a)(b)(c) substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10 para. 69"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "S. 28(3A) inserted (31.3.1995) by 1993 c. 8, s. 26, Sch. 6 para.65 (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 28 restricted (31.3.1995) by 1993 c. 8, s. 26(8)(f), (with Sch. 7 paras. 2(2), 3(2), 4); S.I. 1995/631, art. 2S. 28 applied (with modifications) (1.12.2001) by S.I. 2001/3592, art. 113(1) (with art. 23(2))"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "S. 28: functions of the Lord Advocate transferred to the Secretary of State (19.5.1999) by S.I. 1999/678, art. 2(1), Sch. (with art. 7)"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "S. 28(2)(a): functions of the Secretary of State transferred to the Scottish Ministers (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1 (with art. 7); S.I. 1998/3178, art.3"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1987/22/section/28",
    "retrieved_at": "2026-10-29T09:52:41.355387+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}