(1)  A claimant may appeal to the Supreme Court against a failure of the Trust to determine a claim within the period of 12 months after the claim was made.

(2)  An appeal against a failure to determine a claim may be made at any time after the period of 12 months has elapsed after the claim was made and while the failure continues.

(3)  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 Guarantee Fund is not reasonably available from other sources, unless the Trust waives that requirement; and

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

(4)  The Supreme Court may determine the appeal –

(a) by –

(i) giving directions to the Trust for the expeditious determination of the matter; and

(ii) if the Court is satisfied that there has been unreasonable delay, ordering that interest be paid at a specified rate that is higher than the rate applicable under section 382 (Interest), until further order or the determination of the claim; and

(iii) if the Court is satisfied that there has not been unreasonable delay, ordering that, if delay continues in circumstances of a specified kind, interest be paid for a specified period at a specified rate that is higher than the rate applicable under section 382 , until further order or the determination of the claim; or

(b) by deciding not to give directions or make orders under paragraph (a) .

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