Article 19 Power to direct registered consumer buy-to-let mortgage firms to take appropriate action
The FCA may direct a registered consumer buy-to-let mortgage firm to take such steps as are necessary for the purposes of securing compliance with the requirements of Schedule 2 in respect of the firm’s consumer buy-to-let mortgage business.
A direction under paragraph (1) may, in particular, require the firm to—
take specified action,
refrain from taking specified action,
review or take remedial action in respect of past conduct.
A direction under paragraph (1) may also be given to or apply to a person who was a registered consumer buy-to-let mortgage firm, in relation to conduct that occurred while the person was registered.
The FCA may direct registered consumer buy-to-let mortgage firms as to the steps to be taken where the FCA requires such a firm to appoint a person to make a report pursuant to section 166 of the Actf1 (as applied by article 23(2)).
A person to whom a direction under paragraph (1) or (4) is given or to whom such a direction applies must comply with the direction.
Section 55Y (exercise of own-initiative power: procedure) and 55Z3(2) (right to refer matters to the Tribunal) of the Act apply to a direction to a person under paragraph (1) as they apply to a requirement imposed on an authorised person under section 55L(3) of the Act (imposition of requirements by the FCA)f2.
Annotations
Footnotes
- f1
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Section 166 was substituted by paragraph 5 of Schedule 12 to the Financial Services Act 2012.
- f2
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Sections 55L, 55Y and 55Z3 were substituted, together with the rest of Part 4A of the Act, by section 11(2) of the Financial Services Act 2012 (c. 21).