The Tribunal System and its Costs

Financial Services Tribunal

Her Majesty's Treasury

K1 Brief description of the tribunal's business. Hears appeals against certain decisions by the Financial Services Authority (FSA). Decisions relate to authorisation of persons to conduct investment business, disqualification of individuals from being involved in investment business and decisions publicly to censure authorised persons. Decisions binding, subject to appeal on matters of law. Decisions on fact final.
Will be superseded by Financial Services and Markets Tribunals in 2001, with a wider remit, and under the sponsorship of the Lord Chancellor's Department rather than HMT.

K2 Cases received:
Total disposals in the year:
disputes resolved:
otherwise disposed of:
Pending at the end of the year: Since 1998 there has only been one referral which was withdrawn by the applicant.

K3 Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision. Statutory timetable:
Notice of action provided by FSA - Date of Service of Notice
Notice from applicant to FSA requesting tribunal referral - Within 28 days of service of notice
FSA must refer to the tribunal - Reference day
FSA send tribunal any further information - Reference day + 21 days
Applicant submits representations - Reference day + 42 days
Tribunal notifies FSA how it intends to proceed - Notification of proceedings
Applicant, FSA make representations - Notification of proceedings + 14 days
Tribunal takes oral or further written evidence - Evidence phase
Applicant, FSA make representations - End of evidence phase + 14 days
If tribunal minded to overturn FSA, informs FSA and applicant who have 14 days to make representations
Tribunal decision - If FSA action in force before Reference Day: by Reference Day + 3 months; Otherwise: by Reference Day + 6 months

K4 For appeal tribunals, the percentage of appeals which succeed. Not applicable - no decisions in last two years.

K5 Managerial structures for the tribunal administration: The Treasury provides the secretariat, which acts independently. There is not a standing body.

K6 How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery? Not recently needed.

K7 Nature and scope of current ICT systems, and any major plans for improvement. No systems - in light of the slim caseload.

K8 How the tribunal(s) fit in the department's Modernising Government strategy. As ad hoc activity, not an element of the strategy.

K9 Numbers and grades of staff engaged on providing administrative support to the tribunal. In the past a Grade 7 has acted as Secretary.

K12 Performance and user satisfaction measures in the tribunal. None.

K13 Arrangements for assistance for users, legal or otherwise (including legal aid). Assistance not available. (Will be available for the Financial Services and Markets Tribunal, but in specified circumstances that do not relate to the Financial Services Tribunal).

K14 Arrangements for providing hearings (including their locations). Cases are classified as Scottish or Northern Irish if the majority of applicants reside or have places of businesses in those countries, and hearings must take place in Scotland or Northern Ireland unless all applicants consent to their being heard elsewhere. Other cases are classified as English and Welsh.

K15 The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements, and any particular concerns which have been identified. If tribunal needs to meet before it is wound up, members will be appropriately briefed.

K16 Arrangements for appointing tribunal members, both legally and otherwise qualified. Legally qualified members appointed by the Lord Chancellor, others by HMT. Aim is to ensure that for any areas of City business there will always be a panel member with recent knowledge, so that of the two lay members appointed to any case one will have relevant experience if possible.
Sources of members include: existing members, regulatory bodies under the FSA, relevant trade bodies, Bank of England, Public Appointments Unit, women's and ethnic minority organisations.

K17 Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay. 3 chairs
19 lay members
No recent sittings. No standing rates of pay.

K18 Arrangements for training tribunal members, and the approach to and content of training. No new members recently appointed.

K19 Arrangements for staff training. Desk notes and guidance.

K20 Resources expended on:

a tribunal member salaries and expenses No recent sittings. Single (aborted) case in 1999 cost Ł2356.90.

b staff salaries and expenses

c system administration

d accommodation;

e tribunal member training

f staff training

TOTAL: Annual budget of Ł60,000 (not spent if no sittings)

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K1	Brief description of the tribunal's business.	Hears appeals against certain decisions by the Financial Services Authority (FSA). Decisions relate to authorisation of persons to conduct investment business, disqualification of individuals from being involved in investment business and decisions publicly to censure authorised persons. Decisions binding, subject to appeal on matters of law. Decisions on fact final. Will be superseded by Financial Services and Markets Tribunals in 2001, with a wider remit, and under the sponsorship of the Lord Chancellor's Department rather than HMT.
K2	Cases received: Total disposals in the year: disputes resolved: otherwise disposed of: Pending at the end of the year:	Since 1998 there has only been one referral which was withdrawn by the applicant.
K3	Time taken to deal with a case, from first receipt to final disposal, and the time taken to implement the tribunal's decision.	Statutory timetable: Notice of action provided by FSA - Date of Service of Notice Notice from applicant to FSA requesting tribunal referral - Within 28 days of service of notice FSA must refer to the tribunal - Reference day FSA send tribunal any further information - Reference day + 21 days Applicant submits representations - Reference day + 42 days Tribunal notifies FSA how it intends to proceed - Notification of proceedings Applicant, FSA make representations - Notification of proceedings + 14 days Tribunal takes oral or further written evidence - Evidence phase Applicant, FSA make representations - End of evidence phase + 14 days If tribunal minded to overturn FSA, informs FSA and applicant who have 14 days to make representations Tribunal decision - If FSA action in force before Reference Day: by Reference Day + 3 months; Otherwise: by Reference Day + 6 months
K4	For appeal tribunals, the percentage of appeals which succeed.	Not applicable - no decisions in last two years.
K5	Managerial structures for the tribunal administration:	The Treasury provides the secretariat, which acts independently. There is not a standing body.
K6	How tribunal outcomes are fed back into departmental/agency decision-making, and used to identify and correct problems with the substantive law, or departmental policies and service delivery?	Not recently needed.
K7	Nature and scope of current ICT systems, and any major plans for improvement.	No systems - in light of the slim caseload.
K8	How the tribunal(s) fit in the department's Modernising Government strategy.	As ad hoc activity, not an element of the strategy.
K9	Numbers and grades of staff engaged on providing administrative support to the tribunal.	In the past a Grade 7 has acted as Secretary.
K12	Performance and user satisfaction measures in the tribunal.	None.
K13	Arrangements for assistance for users, legal or otherwise (including legal aid).	Assistance not available. (Will be available for the Financial Services and Markets Tribunal, but in specified circumstances that do not relate to the Financial Services Tribunal).
K14	Arrangements for providing hearings (including their locations).	Cases are classified as Scottish or Northern Irish if the majority of applicants reside or have places of businesses in those countries, and hearings must take place in Scotland or Northern Ireland unless all applicants consent to their being heard elsewhere. Other cases are classified as English and Welsh.
K15	The extent to which the tribunal's practices and procedures have been reviewed for conformity to ECHR requirements, and any particular concerns which have been identified.	If tribunal needs to meet before it is wound up, members will be appropriately briefed.
K16	Arrangements for appointing tribunal members, both legally and otherwise qualified.	Legally qualified members appointed by the Lord Chancellor, others by HMT. Aim is to ensure that for any areas of City business there will always be a panel member with recent knowledge, so that of the two lay members appointed to any case one will have relevant experience if possible. Sources of members include: existing members, regulatory bodies under the FSA, relevant trade bodies, Bank of England, Public Appointments Unit, women's and ethnic minority organisations.
K17	Number of members of the tribunal, by category of appointment and whether full-time or part-time (in the latter case, with an average number of sitting days each year); and rates of pay.	3 chairs 19 lay members No recent sittings. No standing rates of pay.
K18	Arrangements for training tribunal members, and the approach to and content of training.	No new members recently appointed.
K19	Arrangements for staff training.	Desk notes and guidance.
K20	Resources expended on:
a	tribunal member salaries and expenses	No recent sittings. Single (aborted) case in 1999 cost Ł2356.90.
b	staff salaries and expenses
c	system administration
d	accommodation;
e	tribunal member training
f	staff training
	TOTAL:	Annual budget of Ł60,000 (not spent if no sittings)