248Right of appeal against failure to determine claim

248 Right of appeal against failure to determine claim

248 Right of appeal against failure to determine claim

(1) A claimant against the fidelity fund may appeal to the designated tribunal against a failure of the fidelity authority to determine a claim after 12 months after the claim was made and while the failure continues.

(2) On an appeal under this section—

(a) the appellant must establish that the whole or part of the amount sought to be recovered from the fidelity fund is not reasonably available from other sources, unless the fidelity authority waives this requirement; and

(b) the designated tribunal may, on application by the fidelity authority, stay the appeal pending further action being taken to seek recovery of the whole or part of that amount from other sources.

(3) No order for costs is to be made on an appeal under this section unless the designated tribunal is satisfied that an order for costs should be made in the interests of justice.