Part 1Registration

Appeals

C19Appeal against refusal to register or cancellation or suspension of registration

1

A society may appeal to the appropriate court from a decision of the FCA—

a

to refuse to register the society (but see subsection (3)),

b

to cancel the society's registration (but see subsections (3) to (5)), or

c

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.

2

The appropriate court” means—

a

if the society's registered office is in Scotland, the Court of Session;

b

otherwise, the High Court.

3

No appeal may be made against—

a

a refusal to register a society on the ground that a condition in section 2(2)(a) is not met, or

b

a decision to cancel a society's registration on the ground that condition D in section 5 is met.

4

No appeal may be made against a cancellation within section 6(2).

5

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.

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.