226. Powers of the Regulatory Committee to hear and determine a reference

Past version: effective from 20/10/2015 - 19/10/2015
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(1) Upon receipt of a notice of a reference falling within the jurisdiction of the Regulatory Committee, the Chairman of the Regulatory Committee shall, without undue delay select a panel of at least three members of the Regulatory Committee, one of whom may be its Chairman, to exercise the powers and perform the functions of the Regulatory Committee to hear and determine the reference.
(2) For the purposes of hearing and determining a reference, the Regulatory Committee may —
(a) stay the decision of the Regulator to which a reference relates and any related steps proposed to be taken by the Regulator until the Regulatory Committee has determined the reference;
(b) consider any information relating to the decision of the Regulator to which the reference relates, whether or not such information was available to the Regulator at the material time;
(c) receive and consider any information or Documents; and
(d) determine the manner in which such information or Documents are received by the Regulatory Committee.
(3) At the conclusion of a reference, the Regulatory Committee may —
(a) dismiss the reference;
(b) determine what, if any, is the appropriate action for the Regulator to take; and
(c) remit the matter to the Chief Executive with such directions, if any, as the Regulatory Committee considers appropriate to give effect to its determination, save that such directions may not require the Regulator to take any step which it would not otherwise have power to take.
(4) Subject to section 228(1) the Regulator must act in accordance with the determination of, and any direction given by, the Regulatory Committee.
(5) A certificate that purports to be signed by the Chairman or officer of the Regulatory Committee and which states that the Regulatory Committee on a specified day made a specified determination or made a specified finding of fact, is in any proceedings before the Court, where relevant —
(a) conclusive evidence of the determination of the Regulatory Committee made on that day; and
(b) prima facie evidence of the relevant finding of fact.