Tribunal Funded by Regulator It Reviews

The appeals tribunal that businesses rely on to challenge NCA decisions has its expenses charged to the NCA's income and included in the NCA's budget. This creates a fundamental conflict of interest—the tribunal reviewing regulatory decisions depends financially on the regulator whose decisions it reviews. Additionally, all tribunal members are appointed by the Minister without independent nomination processes or parliamentary oversight. For businesses, this undermines confidence in fair appeals: companies challenging NCA decisions may reasonably question whether a tribunal funded by the NCA can rule impartially, particularly in cases that could affect the NCA's budget or operational capacity.