Co-operative and Community Benefit Societies Act 2014

9 Appeal against refusal to register or cancellation or suspension of registration E+W+S

(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.

Modifications etc. (not altering text)

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))