Regulation 9 Notification of relevant decision to the FCA and, if the institution is a PRA-authorised person, the PRAF7

Where on or after 5th May 2004 the court makes a decision, order or appointment of any of the following kinds—

it must immediately inform the F4FCA and, if the institution is a PRA-authorised person, the PRA, or cause the FCA and, if the institution is a PRA-authorised person, the PRA to be informed, of the order or appointment which has been made.

Where a decision with respect to the approval of a voluntary arrangement has effect, and the arrangement which is the subject of that decision is a qualifying arrangement, the supervisor must forthwith inform the FCA and, if the institution is a PRA-authorised person, the PRA of the arrangement which has been approved.

Where a liquidator is appointed as mentioned in section 100 of the 1986 Act, paragraph 83 of Schedule B1 to the 1986 Act F5, paragraph 84 of Schedule B1 to the 1989 Order or Article 86 of the 1989 Order (appointment of liquidator in a creditors' voluntary winding up), the liquidator must inform the FCA and, if the institution is a PRA-authorised person, the PRA forthwith of his appointment.

Where in the case of a members' voluntary winding up, section 95 of the 1986 Act (effect of company’s insolvency) or Article 81 of the 1989 Order applies, the liquidator must inform the FCA and, if the institution is a PRA-authorised person, the PRA forthwith that he is of that opinion.

Paragraphs (1), (2) and (3) do not require the FCA to be informed in any case where the FCA was represented at all hearings in connection with the application in relation to which the decision, order or appointment is made.

Paragraphs (1), (2) and (3) do not require the PRA to be informed in any case where the PRA was represented at all hearings in connection with the application in relation to which the decision, order or appointment is made.

For the purposes of paragraph (2), a “qualifying arrangement” means a voluntary arrangement which—

A supervisor, administrator or liquidator who fails without reasonable excuse to comply with paragraph (2), (3), or (4) (as the case may be) commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.