Regulation 51 Interpretation
In this Part—
-
“open to review” in relation to a relevant cryptoasset permission means—
- (a)
the application has been refused by the FCA by a decision notice given under section 55X(4) of the Act (determination of applications: warning notices and decision notices), and
- (b)
one of the following is the case—
- (i)
the period for making a reference to the Tribunal under section 55Z3 of the Act (right to refer matters to the Tribunal) is still running;
- (ii)
the matter has been referred to the Tribunal but has not yet been dealt with;
- (iii)
the matter has been referred to the Tribunal and dealt with but the period during which an appeal may be brought against the Tribunal's decision is still running;
- (iv)
an appeal has been brought against the Tribunal but has not yet been determined;
- (i)
- (a)
-
“overseas person” means a person who—
- (a)
carries on an activity that will be a relevant cryptoasset activity on the full commencement day, and
- (b)
does not carry on that relevant cryptoasset activity from an establishment in the United Kingdom;
- (a)
-
“pre-existing contract” has the meaning given by regulation 56(4) (temporary exemption relating to pre-existing contracts);
-
“relevant application period” means the period set by the FCA in accordance with directions given under regulation 52 (relevant application period);
-
“relevant cryptoasset activity” means an activity that, as a result of the amendments in regulation 40 of these Regulations (amendment of the Regulated Activities Order)—
- (a)
before the full commencement day, is to become a regulated activity on full commencement day, or
- (b)
on or after the full commencement, is a regulated activity;
- (a)
-
“relevant cryptoasset permission” means—
- (a)
a Part 4A permission to carry on a relevant cryptoasset activity, or
- (b)
the variation of an existing Part 4A permission to include a relevant cryptoasset activity;
- (a)
-
“the relevant day” has the meaning given by regulation 56(4) (temporary exemption relating to pre-existing contracts).