Article 62 Financial Services Act 1986

Order 93 shall be amended by adding at the end the following new rule—

“Proceedings under the Financial Services Act 1986^f1

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(1)

In this rule “the Act” means the Financial Services Act 1986 and a section referred to by number means the section so numbered in that Act.

(2)

Proceedings in the High Court under the Act (other than applications for mandamus) and actions for damages for breach of a statutory duty imposed by the Act shall be assigned to the Chancery Division.

(3)

Such proceedings and actions shall be begun by writ, except for—

(a)

applications by petition by the Secretary of State or a designated agency under section 72, and

(b)

applications by Inspectors under section 94 or section 178, which shall be begun by originating notice of motion.

(4)

No order shall be made under section 6, 61, 71, 91, 104, 131, 184 or paragraph 22 of Schedule 11 against any person unless he is a party to the relevant proceedings or action.

(5)

Where there is a question of the construction of any of the rules or regulations referred to in section 61(1)(a) of the Act, the Secretary of State, designated agency, or any person referred to in section 61(1)(a)(iv) may make representation to the Court.”.