Credit Unions Appeal Tribunal Regulations 2013
FA E R
N

AT F
TQUO U

BERMUDA

CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

BR 44 / 2013

TABLE OF CONTENTS

Citation
Interpretation
Appointing secretary to the tribunal
Manner and time for making an appeal
Notice of appeal
Empanelling the tribunal
Filing notice of grounds of appeal
Filing supplementary grounds of appeal
Interim relief
Respondent, disclosure, filing of response
Amending grounds of appeal
Amending supplementary grounds of appeal
Amending response to grounds of appeal
Preliminary hearing
Evidence during hearing
Procedure during hearing
Procedure after hearing
Withdrawal of appeal or opposition
Costs
Time and miscellaneous powers
Tribunal to determine its procedure
Absence of a member of the tribunal
Service of notices and other documents
Irregularities
Consolidation of appeals
Commencement

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2
3
4
5
6
7
8
9
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1

CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

The Minister of Finance, in exercise of the power conferred by section 25 of the
Credit Unions Act 2010, makes the following Regulations:

Citation
These Regulations may be cited as the Credit Unions Appeal Tribunal Regulations

2013.

Interpretation
In these Regulations—

“the Act” means the Credit Unions Act 2010;

“chairman” means the chairman of the tribunal, or the deputy chairman acting in
the absence of the chairman;

“credit union concerned” means—

the credit union concerned in the case of an appeal brought by a person
under regulation 4(1)(c); or

the credit union concerned in the case of an appeal brought by a chief
executive officer or senior executive officer under regulation 4(1)(d);

“Minister” has the meaning given in section 2 of the Act;

“secretary” means secretary of the tribunal, unless the context indicates otherwise;

“tribunal” means the credit unions appeal tribunal.

Appointing secretary to the tribunal
The Minister may appoint a person to act as secretary to the tribunal.

Manner and time for making an appeal
An appeal shall be brought by filing notice of appeal with the Secretary to the

tribunal, Ministry of Finance, Hamilton as follows—

in the case of an appeal by a credit union under section 22(1)(a) of the Act
against a decision of the Authority to restrict, to restrict in a particular
manner, or to vary any restrictions of the credit union’s licence, not later
than 10 days from the date on which the Authority gave written notice to
the credit union of its decision;

in the case of an appeal by a credit union under section 22(1)(b) of the Act
against a decision of the Authority to revoke the credit union’s licence, not
later than 10 days from the date on which the Authority gave written notice
to the credit union of its decision;

in the case of an appeal by a person under section 22(2)(a) of the Act, where
the ground for restricting, restricting in a particular manner, varying any
restrictions, or revoking the credit union’s licence was that it appeared to
the Authority that the criterion in paragraph 1 of the minimum criteria is

1

2

(a)

(b)

3

4 (1)

(a)

(b)

(c)

2

CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

not or has not been fulfilled, or may not be or may not have been fulfilled
in respect of that person, not later than 10 days from the date on which
the Authority gave written notice to the credit union of its decision to
restrict, restrict in a particular manner, vary any restrictions, or revoke the
credit union’s licence;

in the case of an appeal by a chief executive officer or a senior executive
officer of a credit union under section 22(2)(b) of the Act, where the effect
of restricting, restricting in a particular manner, or varying any restrictions
of the credit union’s licence requires the removal of the chief executive
officer or senior executive officer, not later than 10 days from the date on
which the Authority gave written notice to the credit union of its decision
to restrict, restrict in a particular manner, or vary any restrictions of the
credit union’s licence.

When filing a notice of appeal, the appellant shall serve a copy of the notice on
the Authority, and on any credit union concerned.

Notice of appeal
A notice of appeal shall be signed by the appellant, or on behalf of the appellant by

his representative, and shall contain the following information—

the appellant’s name;

the appellant’s address, or where the appellant is a corporate body, the
address of the appellant’s registered office;

the name and address of any credit union concerned;

the address to which notices and other documents may be served on the
appellant in Bermuda, if different from the address given under
subparagraph (b);

the name and address of any person appointed by the appellant to
represent him or it in connection with the appeal;

the address of the secretary to the Board of Directors of the Authority; and

a statement of the decision of the Authority against which the appeal is
being made.

Empanelling the tribunal
The secretary shall, upon receiving a notice of appeal, request the chairman to

appoint two members from the panel to hear the appeal.

Filing notice of grounds of appeal
The appellant shall, within 14 days from the date of filing the notice of appeal,

file with the secretary a notice of grounds of appeal setting out sufficient particulars of the
reasons adduced by the appellant that the decision of the Authority was unlawful or not
justified by the evidence on which it was based.

(d)

(2)

5

(a)

(b)

(c)

(d)

(e)

(f)

(g)

6

7 (1)

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CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

The appellant shall, when filing the notice of grounds of appeal, serve a copy of
the notice on the Authority, and on any credit union concerned.

Filing supplementary grounds of appeal
An appellant may omit from the notice of grounds of appeal any information

that has been given in confidence or is commercially sensitive, and shall file with the
secretary a notice of supplementary grounds of appeal.

The notice of supplementary grounds of appeal shall be filed with the secretary
at the time the notice of grounds of appeal is filed and shall set out—

the information that has been given in confidence or is commercially
sensitive; and

the reason for the confidential or commercially sensitive information being
omitted from the notice of grounds of appeal.

Interim relief
A credit union may file with the secretary an application that the tribunal

suspend, under section 22(3) of the Act, the operation of a restriction or the variation of a
restriction pending the determination of the appeal in respect of the Authority’s decision to
impose or vary the restriction.

The tribunal may determine the application under paragraph (1) on the basis
of written representations, if the credit union and the Authority agree in writing, or it may
direct the parties to appear before it.

The tribunal shall notify the credit union and the Authority of its determination
giving a statement of its reasons.

Respondent, disclosure, filing of response
In every appeal the Authority is the respondent.

The Authority shall, within 14 days of being served a copy of the notice of
appeal—

file with the secretary documents relevant to the appeal as set out in the
Schedule;

serve on the appellant a list of the documents filed with the secretary; and

serve on any credit union concerned a copy of the list and, where
necessary, a copy of the documents.

The Authority shall, within 28 days of being served a copy of the notice of
grounds of appeal—

file with the secretary a response to the particulars set out in the notice;
and

when filing such response, serve a copy of the response on the appellant,
and any credit union concerned.

(2)

8 (1)

(2)

(a)

(b)

9 (1)

(2)

(3)

10 (1)

(2)

(a)

(b)

(c)

(3)

(a)

(b)

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CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

Amending grounds of appeal
An appellant may file with the secretary a notice of amended grounds of appeal

at any time before the hearing and shall, when filing such notice, serve a copy of the notice
on the Authority, and on any credit union concerned.

The tribunal may give leave to amend, but shall not do so without first giving
the Authority an opportunity to make representations on the proposed amendment.

Leave to amend may be given on such terms, including terms as to costs or
expenses, as the tribunal thinks fit.

Where the tribunal gives leave to amend grounds of appeal—

the appellant shall serve a copy of the amended grounds of appeal on the
Authority, and any credit union concerned; and

the Authority may, in reply to the matters set out in the amended grounds
of appeal, file with the secretary notice of amended response, and shall
serve a copy of such notice on the appellant, and any credit union
concerned.

During a preliminary hearing, the chairman may consider a request for leave
to amend grounds of appeal, and in such case, paragraphs (2), (3) and (4) apply, with the
necessary modifications.

Amending supplementary grounds of appeal
An appellant may file with the secretary a notice of amended supplementary

grounds of appeal at any time before the hearing.

The tribunal may give leave to amend on such terms, including terms as to
costs or expenses, as the tribunal thinks fit.

During a preliminary hearing, the chairman may give leave to amend
supplementary grounds of appeal on such terms, including terms as to costs or expenses,
as the chairman thinks fit.

Amending response to grounds of appeal
The Authority may file with the secretary a notice of an amended response to

grounds of appeal at any time before the hearing and shall, when filing such notice, serve
a copy of the notice on the appellant, and any credit union concerned.

The tribunal may give leave to amend, but shall not do so without first giving
the appellant an opportunity to make representations on the proposed amendment.

Leave to amend may be given on such terms, including terms as to costs or
expenses, as the tribunal thinks fit.

Where the tribunal gives leave to amend a response to grounds of appeal—

the Authority shall serve a copy of the amended response on the appellant,
and any credit union concerned;

11 (1)

(2)

(3)

(4)

(a)

(b)

(5)

12 (1)

(2)

(3)

13 (1)

(2)

(3)

(4)

(a)

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CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

the appellant may, in reply to the matters set out in the amended response,
file with the secretary notice of amended grounds of appeal, and shall serve
a copy of such notice on the Authority, and on any credit union concerned.

During a preliminary hearing, the chairman may consider a request for leave
to amend a response, and in such case, paragraphs (2), (3) and (4) apply, with the necessary
modifications.

Preliminary hearing
A preliminary hearing shall be held.

Notice of the preliminary hearing shall be served by the chairman on the parties
to the appeal, and any credit union concerned—

not earlier than 21 days of receipt of the Authority’s response by the
secretary;

not later than 35 days after receipt of the Authority’s response by the
secretary; and

not less than 10 days before the day appointed in the notice for the
preliminary hearing.

The parties to the appeal may agree to the notice being served by the chairman
at times other than those provided under paragraph (2).

A preliminary hearing may be held as a matter of urgency as directed by the
chairman or as agreed by the parties.

The preliminary hearing shall be in private and shall be heard by the chairman.

At the preliminary hearing—

the chairman shall give such directions as he considers necessary or
desirable for the conduct of the appeal, and shall appoint the date, time
and place of the hearing of the appeal; and

the parties may seek clarification regarding the conduct of the appeal.

The parties and the credit union concerned may appear in person at the
preliminary hearing, or be represented by a barrister and attorney, or by any other person.

The chairman shall consider whether any matters contained in any
supplementary grounds of appeal or amended supplementary grounds of appeal, should be
disclosed to any other person, and may direct that such matters be disclosed accordingly.

Evidence during hearing
At the hearing the chairman may, on the application of a party to the appeal

or on his own motion, by direction given at the hearing or by notice in writing, require the
parties or any other person, at a time and place given in the direction or notice, to attend
and give evidence or to produce any document in that person’s custody or under his control
which relates to any matter in question at the hearing.

(b)

(5)

14 (1)

(2)

(a)

(b)

(c)

(3)

(4)

(5)

(6)

(a)

(b)

(7)

(8)

15 (1)

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CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

Notwithstanding paragraph (1)—

no person other than the parties shall be required, in obedience to such
direction or notice, to attend and give evidence or to produce any document
unless the necessary expenses of his attendance are paid or tendered to
him;

no person shall be compelled to give any evidence or to produce any
document which he could not be compelled to give or produce if the hearing
was a proceeding in a court of law; and

except where the chairman otherwise directs, a witness shall not be obliged
to attend and give evidence or to produce any document in obedience to a
direction or notice given by the chairman unless that direction was given
or notice has been served on him not less than 5 days before the day
appointed for the hearing.

In exercising the power conferred by paragraph (1), the chairman shall take
into account the need to protect information which relates to a person who is not a party
to the appeal, or which was communicated or obtained in confidence, or is commercially
sensitive.

The chairman may set aside any direction or notice given under paragraph (1)
on the application of the person to whom the direction or notice was given, but shall not do
so without first notifying any person who applied for the direction or notice and considering
any representations made by that person.

The secretary shall supply a copy of any document obtained under this
Regulation to any party to the appeal, if that party does not already have a copy of the
document.

Procedure during hearing
The hearing shall be in private.

The parties to an appeal and any credit union concerned may appear at the
hearing, or be represented by a barrister and attorney or by any other person.

At the hearing the parties are each entitled to make an opening statement, call
witnesses to give evidence, cross-examine witnesses called by the other party, and make a
final statement.

Where the Tribunal requires a witness to give evidence, or any party to the
appeal calls a witness to give evidence, such evidence shall be given on oath or affirmation,
administered by the chairman.

Subject to regulation 15(2)(b), evidence may be admitted by the tribunal
whether or not it would be admissible in a court of law.

If a party to an appeal or any credit union concerned fails to appear or be
represented at the time and place appointed for the hearing, the tribunal may proceed with
the hearing or adjourn it to a later date.

(2)

(a)

(b)

(c)

(3)

(4)

(5)

16 (1)

(2)

(3)

(4)

(5)

(6)

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CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

Where the tribunal proceeds with the hearing pursuant to paragraph (6), it
shall take into consideration any written representations which may have been submitted
by the parties to the appeal, or by any credit union concerned, whether the written
representations were submitted in accordance with these Regulations or otherwise.

The tribunal may from time to time adjourn the hearing, and if the date, time
and place of the adjourned hearing are announced before the adjournment, no further
notice is required.

Procedure after hearing
The tribunal shall, after the close of a hearing, notify the parties and any credit

union concerned of its determination in accordance with section 24(3) of the Act.

The tribunal may arrange for the publication of its determination and
statement of its reasons, but in doing so shall have regard to the desirability of safeguarding
confidential or commercially sensitive information given to the parties, or information which
was communicated or obtained in confidence, or the identity of or information relating to
any person who is not a party to the appeal, and for that purpose may make any necessary
amendments to the text of its determination and statement of reasons.

Withdrawal of appeal or opposition
The appellant may withdraw an appeal at any time before the hearing by filing

with the secretary a notice in writing, and serving a copy of the notice on the Authority and
any credit union concerned.

At the hearing, the appellant may give notice to the tribunal that he or it desires
to withdraw the appeal and thereupon the tribunal shall bring the hearing to a close.

The Authority may at any time withdraw its opposition to an appeal by giving
notice to the appellant and the tribunal.

Where an appeal is withdrawn, it is deemed dismissed and the tribunal shall
accordingly formally notify the parties to the appeal, and any credit union concerned.

Costs
Any costs or expenses which the tribunal directs to be paid by any party to the

appeal under section 25(1) of the Act and required to be taxed shall be taxed by the Registrar
of the Supreme Court.

A direction given by the tribunal under section 25(1) of the Act shall, on
application being made to the Supreme Court by the party to whom costs or expenses have
been directed to be paid, be enforceable as if the party had obtained a judgment of that
Court in his favour.

Time and miscellaneous powers
Where the time prescribed by these Regulations for doing any act expires on a

Saturday, Sunday or public holiday, the act shall be in time if done on the next working
day.

(7)

(8)

17 (1)

(2)

18 (1)

(2)

(3)

(4)

19 (1)

(2)

20 (1)

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CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

A party to an appeal may file with the secretary an application requesting the
chairman to extend the time referred to in regulation 7, 8 or 10 and the chairman may, after
considering any representations made by the other party to the appeal, grant such
extension on such terms, if any, as he thinks fit.

An application under paragraph (2) may be granted after the time specified in
regulation 7, 8 or 10 has expired.

The chairman may, after considering any representations made by the parties
to an appeal, postpone the date appointed for any hearing or alter the place appointed for
any hearing.

Where a hearing is postponed, or the place for any hearing is altered, the
secretary shall notify the parties to the appeal, credit union concerned, and any witness of
the revised arrangements.

Tribunal to determine its procedure
Subject to the Act and these Regulations, the tribunal has power to determine its

own procedure.

Absence of a member of the tribunal
An appeal may, with the consent of all the parties, continue to be heard in the

absence of any one member of the tribunal other than the chairman, and in that event the
tribunal is deemed to be properly constituted.

Service of notices and other documents
Any notice or document may be filed or served—

by registered mail—

in the case of the secretary, to the address provided in regulation 4(1);

in the case of the appellant or the appellant’s representative, to the
address provided in the notice of appeal, or such other address as may
subsequently be notified to the secretary and the Authority;

in the case of the Authority, to the address provided in the notice of
appeal, or such other address as may subsequently be notified by the
Authority to the secretary and the appellant;

in the case of any credit union concerned, to the address provided in
the notice of appeal, or such other address as may subsequently be
notified by the credit union concerned to the secretary, the appellant
concerned, and the Authority;

in the case of any other person, to the last known address of the person,
or the person’s representative; or

by facsimile or other electronic means which produces a document
containing the text of the notice or document.

(2)

(3)

(4)

(5)

21

22

23 (1)

(a)

(i)

(ii)

(iii)

(iv)

(v)

(b)

9

CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

Where a notice or document is served on the representative of the appellant or
the respondent, the notice or document is deemed to be served on the appellant or the
respondent.

Irregularities
Any irregularity resulting from failure to comply with any provision of these

Regulations before the tribunal has reached its decision shall not of itself render the
proceedings void.

Where any such irregularity comes to the attention of the tribunal before it
makes its determination, the tribunal may, and shall if it considers that any person may
have been prejudiced, take such steps as it thinks fit before making its determination to
cure the irregularity.

Clerical mistakes in any document recording a decision of the chairman or
tribunal, or errors arising in such a document from an accidental slip or omission, may be
corrected by the chairman under his hand.

Consolidation of appeals
At a preliminary hearing or at some other time, the chairman may direct that

the following appeals be consolidated—

an appeal brought by a credit union under regulation 4(1)(a), and an appeal
brought by a person under regulation 4(1)(c);

an appeal brought by a credit union under regulation 4(1)(b), and an appeal
brought by a person under regulation 4(1)(c);

an appeal brought by a credit union under regulation 4(1)(a), and an appeal
brought by a chief executive officer or a senior executive officer of a credit
union under regulation 4(1)(d).

A direction under paragraph (1) shall not be given without the chairman first
taking into consideration any representations by both appellants and the Authority,
showing cause why such direction should not be made.

Where appeals have been consolidated the secretary shall, where necessary,
serve on the other appellant copies of notices of appeals, grounds of appeal and any
amended grounds of appeal, response and any amended response, and the list or copies of
documents disclosed by the Authority.

The secretary may serve on the other appellant a copy of any supplementary
grounds of appeal and any amended supplementary grounds of appeal, but shall not do so
where—

all of the matters contained in the supplementary grounds of appeal or
amended supplementary grounds of appeal, have been disclosed to the
other appellant; or

an appellant, when showing cause why such a direction to consolidate
should not be made, represented that he or it did not wish copies to be

(2)

24 (1)

(2)

(3)

25 (1)

(a)

(b)

(c)

(2)

(3)

(4)

(a)

(b)

10

CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

disclosed to the other appellant, and the other appellant consented to such
copies not being disclosed to him or it.

Commencement
These Regulations come into operation on a day to be appointed by the Minister by

notice in the Gazette.
26

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CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

SCHEDULE

(regulation 10)

DISCLOSURE BY THE AUTHORITY

In the case of an appeal by a credit union under regulation 4(1)(a), the Authority
shall file with the secretary—

four copies of its written notice of intention given to the credit union under
section 17(1) of the Act, to restrict or vary a restriction of the credit union’s
licence;

four copies of any written representations made by the credit union under
section 17(5) of the Act in response to the notice of intention;

four copies of the written notice of its decision given to the credit union
under section 17(7) of the Act;

four copies of any written representations made by the credit union under
section 17(9) of the Act where it restricted or varied a restriction of the
credit union’s licence in a manner otherwise than as stated in the notice
given under section 17(1) of the Act; and

four copies of any decision to alter the restrictions made under section
17(9) of the Act.

In the case of an appeal by a credit union under regulation 4(1)(b), the Authority
shall file with the secretary—

four copies of its written notice of intention given to the credit union under
section 17(1) of the Act, to revoke the credit union’s licence;

four copies of any written representations made by the credit union under
section 17(5) of the Act in response to the notice of intention; and

four copies of the written notice of its decision given to the credit union
under section 17(7) of the Act.

In the case of an appeal by a person under regulation 4(1)(c), the Authority shall
file with the secretary—

four copies of its written notice of intention given to the person under
section 17(4) of the Act, to restrict, vary a restriction, or revoke the credit
union’s licence;

four copies of any written representations made by the person under
section 17(5) of the Act in response to the notice of intention; and

four copies of the written notice of its decision given to the person under
section 17(7) of the Act.

1

(a)

(b)

(c)

(d)

(e)

2

(a)

(b)

(c)

3

(a)

(b)

(c)

12

CREDIT UNIONS APPEAL TRIBUNAL REGULATIONS 2013

In the case of an appeal by a chief executive officer or a senior executive officer of
a credit union under regulation 4(1)(d), the Authority shall file with the secretary—

four copies of its written notice of intention given to the chief executive
officer or senior executive officer under section 17(4) of the Act, to restrict
a credit union’s licence by requiring the removal of the chief executive
officer or senior executive officer of the credit union;

four copies of any written representations made by the chief executive
officer or senior executive officer under section 17(5) of the Act in response
to the notice of intention; and

four copies of the written notice of its decision given to the chief executive
officer or senior executive officer under section 17(7) of the Act.

Made this 2nd day of May 2013



Minister of Finance

4

(a)

(b)

(c)

13