1. The Council may from time to time prescribe arrangements and procedures to resolve disputes between an underwriting agent, approved run-off company, or substitute agent and the Council in a timely, constructive and cost effective manner. The arrangements and procedures may include requirements that an underwriting agent, approved run-off company or substitute agent must follow.
Underwriting Byelaw, paragraph 90
2. In the event that any underwriting agent, approved run-off company or substitute agent intends to commence proceedings to challenge, review or appeal against any decision or action of the Council other than in accordance with [paragraph 1. above] or Enforcement it must immediately inform the secretary to the Council in writing.
The following arrangements and procedures are designed to resolve disputes between underwriting agents and the Council arising under the Underwriting Byelaw in a timely, constructive and cost effective manner.
Underwriting Byelaw, paragraph 91
Dispute resolution arrangements and procedures
1. “Minded to” decisions and reasons
1.1 Before a decision is taken by or on behalf of the Council which will be unfavourable to a specific underwriting agent the decision taker will, unless he considers that the circumstances make it inappropriate to do so –
(a) inform the underwriting agent that the decision taker is minded to decide the matter in that way;
(b) provide the underwriting agent with the decision taker’s reasons for deciding the matter in that way; and
(c) provide the underwriting agent with an opportunity to make representations to the decision taker prior to the decision being taken.
1.2 Where a decision is taken by or on behalf of the Council which is unfavourable to a specific underwriting agent the decision taker will unless he considers that the circumstances make it inappropriate to do so, provide the underwriting agent with the decision taker’s reasons for deciding the matter in that way.
2. Requests to review decisions taken on behalf of the Council
Step 1 – Submitting a request for a decision to be reviewed
2.1 In the event that a decision is taken on behalf of the Council which is unfavourable to a specific underwriting agent, the underwriting agent may, where it reasonably and objectively considers the decision to be wrong or unreasonable, request that the decision is reviewed (a “request”).
2.2 A request shall be made in writing as soon as reasonably practicable following receipt of the decision. The request shall include an explanation as to why the underwriting agent considers that the decision is either wrong or unreasonable. The request shall be made on behalf of the board of directors of the underwriting agent and shall be signed by a director of the underwriting agent. The request shall be submitted to the decision taker.
Step 2 – Review of the decision by the original decision taker
2.3 Following receipt of the request, the decision taker shall review the request and may, where he considers appropriate, amend, modify or withdraw his decision.
Step 3 – Review of the decision by a director or the Executive Team
2.4 Where the decision taker does not propose to amend, modify or withdraw his decision he shall refer the request to a director or, where appropriate, to the Executive Team. The request shall be reviewed by the director or the Executive Team and, where the director or the Executive Team considers appropriate, the decision may be amended, modified or withdrawn.
Step 4 – Review of the decision by the Market Supervision and Review Committee
2.5 If, following the review of the request by a director or the Executive Team (including where the original decision taker was the Executive Team), the underwriting agent still reasonably and objectively considers the decision to be wrong or unreasonable, the underwriting agent may apply to the Market Supervision and Review Committee to review the request. The application shall be made in writing as soon as reasonably practicable. The application shall be made on behalf of the board of directors of the underwriting agent and shall be signed by two directors. The application shall be submitted to the Secretary to the Council.
2.6 The Market Supervision and Review Committee shall review the request and may, where it considers appropriate, amend, modify or withdraw the decision.
Step 5 – Application for permission to appeal to the Appeal Tribunal
2.7 Where, following a review of the request by the Market Supervision and Review Committee, the underwriting agent wishes to apply for permission to appeal to the Appeal Tribunal, the underwriting agent may make an application to the Market Supervision and Review Committee to do so. The application shall be made in writing as soon as reasonably practicable. The application shall be made on behalf of the board of directors of the underwriting agent and shall be signed by two directors. The application shall be submitted to the Secretary to the Council.
2.8 The Market Supervision and Review Committee may, where it considers appropriate, give permission to the underwriting agent to appeal to the Appeal Tribunal.
3. Request to review decisions taken by the Council itself
Step 1- submitting a request for a decision to be reviewed
3.1 In the event that a decision is taken by the Council which is unfavourable to a specific underwriting agent, the underwriting agent may, where it reasonably and objectively considers the decision to be wrong or unreasonable, request that the decision is reviewed (a “request”).
3.2 A request shall be made in writing as soon as reasonably practicable following receipt of the decision. The request shall include an explanation as to why the underwriting agent considers that the decision is either wrong or unreasonable. The request shall be made on behalf of the board of directors of the underwriting agent and shall be signed by two directors of the underwriting agent. The request shall be submitted to Secretary to the Council.
Step 2 – Review of the decision by the Council
3.3 The Council shall review the request and may, where it considers appropriate, amend, modify or withdraw the decision.
Step 3 – Application for permission to appeal to the Appeal Tribunal
3.4 Where, following a review of the request by the Council, the underwriting agent wishes to apply for permission to appeal to the Appeal Tribunal, the underwriting agent may make an application to the independent non-executive directors of the Council to do so. The application shall be made in writing as soon as reasonably practicable. The application shall be made on behalf of the board of directors of the underwriting agent and shall be signed by two directors. The application shall be submitted to the Secretary to the Council.
3.5 The independent non-executive directors of the Council may, where they consider appropriate, give permission to the underwriting agent to appeal to the Appeal Tribunal.
Requirements Made Under the Underwriting Byelaw, paragraph 16
The following Codes have been issued under paragraph 31 of the Underwriting Byelaw.