Section 9 Appeal against refusal to register or cancellation or suspension of registrationC1
A society may appeal to the appropriate court from a decision of the FCA—
to refuse to register the society (but see subsection (3)),
to cancel the society's registration (but see subsections (3) to (5)), or
to renew a suspension of the society's registration so far as the renewal provides for the suspension to continue more than 3 months from the date its registration was first suspended.
“The appropriate court” means—
if the society's registered office is in Scotland, the Court of Session;
otherwise, the High Court.
No appeal may be made against—
a refusal to register a society on the ground that a condition in section 2(2)(a) is not met, or
a decision to cancel a society's registration on the ground that condition D in section 5 is met.
No appeal may be made against a cancellation within section 6(2).
An appeal against a decision to cancel a society's registration must be lodged before the end of the period of notice of the proposed cancellation given under section 6.
If a decision to refuse to register a society is overruled on appeal, the FCA must register the society and give it an acknowledgment of registration under section 3.
Annotations
Modifications
- C1
S. 9 applied (with modifications) by 1979 c. 34, s. 20(1D) (as substituted (1.8.2014) by Co-operative and Community Benefit Societies Act 2014 (c. 14), s. 154, Sch. 4 para. 10(4) (with Sch. 5))