59Protection for exercise of certain functions during winding up period

59 Protection for exercise of certain functions during winding up period

59 Protection for exercise of certain functions during winding up period

(1) This section applies to any function (a protected function) conferred or imposed on any of the following persons (a protected person) by or under a provision of this Part—

(a) the SPF trustee,

(b) the Minister (including a delegate of the Minister),

(c) an authorised applicant.

(2) Except as provided by this section, the exercise by a protected person of any protected function may not be—

(a) challenged, reviewed, quashed or called into question before any court of law or administrative review body in any proceedings, or

(b) restrained, removed or otherwise affected by any proceedings.

(3) Without limiting subsection (2), that subsection applies whether or not the proceedings relate to any question involving compliance or non-compliance, by a protected person, with the provisions of this Part or the rules of natural justice (procedural fairness).

(4) Accordingly (and except as provided by this section), no court of law or administrative review body has jurisdiction or power to consider any question involving compliance or non-compliance, by the protected person, with those provisions or with those rules so far as they apply to the exercise of any protected function.

(5) However, nothing in this section prevents—

(a) any person (including a payable claimant) who is expressly authorised or permitted by a provision of this Part to bring proceedings (whether under this Part or otherwise) against a protected person from—

(i) bringing such proceedings, or

(ii) being granted such relief in those proceedings as may be authorised or permitted by this Part, or

(b) any party to the Final Funding Agreement or a Related Agreement from bringing proceedings, or being granted relief, in respect of any of the following—

(i) any civil liability incurred by another party to the Agreement or other person where that liability arises under or in relation to the Agreement,