Paragraph 3 Register of references and decisionsF1

(1)

The Upper Tribunal must keep a register of references and decisions in financial services cases F2and wholesale energy cases.

(2)

The register must be open to inspection by any person without charge and at all reasonable hours.

(3)

The Upper Tribunal may direct that the register is not to include particulars of a reference if it is satisfied that it is necessary to do so having regard F3in particular to—

(a)

any unfairness to the applicant or, except as regards a reference in respect of a decision of the Prudential Regulation Authority, any prejudice to the interests of consumers that might otherwise result;

(b)

as regards a reference in respect of a decision of the Financial Conduct Authority, any detriment to the stability of the UK financial system;

(c)

as regards a reference in respect of a decision of the Prudential Regulation Authority, any prejudice to the safety and soundness of persons authorised by it, or where section 2C of the 2000 Act applies, any prejudice to securing the appropriate degree of protection for policy holders; or

(d)

as regards a reference under the 2013 Regulations or the 2013 (NI) Regulations any detriment to the stability of the wholesale energy market as defined in those Regulations.

(4)

Upon receiving a reference notice, the Upper Tribunal must—

(a)

subject to any direction given under sub-paragraph (3), enter particulars of the reference in the register; and

(b)

notify the parties either that it has done so or that it will not include particulars in the register, as the case may be.

(F45)

In a multiple regulator case, notification under sub-paragraph (4)(b) must be given to each of the primary and secondary regulators.

Annotations

Textual amendments

F1: Sch. 3 inserted (6.4.2010) by The Tribunal Procedure (Upper Tribunal) (Amendment) Rules 2010 (S.I. 2010/747), rules 1, 13
F2: Words in Sch. 3 para. 3(1) inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 13(c)(i)
F3: Words in Sch. 3 para. 3(3) substituted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 13(c)(ii)
F4: Sch. 3 para. 3(5) inserted (1.4.2013) by The Tribunal Procedure (Amendment No. 2) Rules 2013 (S.I. 2013/606), rules 1, 2(6)

Notes on Schedule 3

Textual amendments

F2: Words in Sch. 3 heading inserted (6.4.2014) by The Tribunal Procedure (Amendment) Rules 2014 (S.I. 2014/514), rules 1, 12