77Appeal against refusal to register pre-arranged funeral fund or decision to cancel that registration etc

77 Appeal against refusal to register pre-arranged funeral fund or decision to cancel that registration etc

77 Appeal against refusal to register pre-arranged funeral fund or decision to cancel that registration etc

(1) Where the Secretary—

(a) refuses under section 37 to register a person to act as trustee or trustees of trust funds under pre-paid contracts,

(b) refuses under section 38 to confirm the appointment of an individual as a trustee, or

(ba) refuses under section 39A (3) to exempt a person registered under that section from complying with a provision of this Act or the regulations, or

(c) cancels the registration of a pre-paid funeral fund under section 39 (subsection (1) (c) excepted),

an appeal against that refusal or cancellation may be made to the Supreme Court by the person concerned.

(2) On hearing an appeal under subsection (1) (a) or (b), the Supreme Court may make an order—

(a) confirming the refusal of the Secretary, or

(b) directing the Secretary to register the person or to confirm the appointment of the individual, as the case may be.

(2A) On hearing an appeal under subsection (1) (ba), the Supreme Court may make an order—

(a) confirming the refusal of the Secretary, or

(b) directing the Secretary to exempt the person from complying with the provision of this Act or the regulations.

(3) On hearing an appeal under subsection (1) (c), the Supreme Court may make an order—

(a) confirming the cancellation by the Secretary, or

(b) revoking the cancellation by the Secretary.

s 77: Am 2003 No 61, Sch 1 [43]–[45]; 2004 No 91, Sch 1.17 [10]–[12]; 2016 No 60, Sch 2.4 [11] [12].