(2) Subsection (1) does not apply to any proceedings that—
- (a) are within the jurisdiction of the Tribunal under section 142(1)(g); and
- (b) the Court of First Instance considers should not, in the interests of justice, be transferred to the Tribunal.
(3) Without limiting subsection (1) but subject to section 115(2), if, in any proceedings before the Court of First Instance, a contravention, or involvement in a contravention, of a conduct rule is alleged as a defence, the Court must, in respect of the allegation, transfer to the Tribunal so much of those proceedings that are within the jurisdiction of the Tribunal.
(4) The practice and procedure of the Tribunal apply to the proceedings transferred by the Court of First Instance under subsection (1) or (3).
114. Transfer of proceedings from Tribunal to Court of First Instance
(1) The Tribunal must transfer to the Court of First Instance so much of the proceedings brought in the Tribunal that are within the jurisdiction of the Court but are not within the jurisdiction of the Tribunal.
(2) Subject to subsection (1), the Tribunal may transfer to the Court of First Instance any proceedings brought in the Tribunal but only if—
- (a) those proceedings are within the jurisdiction of the Tribunal under section 142(1)(g); and
- (b) the Tribunal considers that those proceedings should, in the interests of justice, be transferred to the Court.
(3) If the Court of First Instance transfers any proceedings to the Tribunal under section 113(3), the Tribunal may transfer back to the Court so much of those proceedings that the Tribunal considers should, in the interests of justice, be transferred back to the Court.
(4) The practice and procedure of the Court of First Instance apply to the proceedings transferred by the Tribunal under subsection (1), (2) or (3).
115. No further transfer of proceedings from Court of First Instance to Tribunal
(1) If the Tribunal transfers any proceedings to the Court of First Instance under section 114(2), the Court must not transfer back those proceedings to the Tribunal.
(2) If the Tribunal transfers any proceedings to the Court of First Instance under section 114(3)—
- (a) section 113(3) does not apply to those proceedings; and
- (b) the Court must not transfer back those proceedings to the Tribunal.
