{
  "url": "https://openlegislation.uk/draft-short-selling-regulations-2024/schedule-1/paragraph-6",
  "json_url": "https://openlegislation.uk/draft-short-selling-regulations-2024/schedule-1/paragraph-6.json",
  "legislation": "ukdsi/2024/9780348265538",
  "legislation_title": "The Short Selling Regulations 2024",
  "legislation_url": "https://openlegislation.uk/draft-short-selling-regulations-2024",
  "path": "schedule/1/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": null,
  "text": "This Table sets out the applied provisions of FSMA 2000 in the first column with specific modifications in relation to an applied provision mentioned in the corresponding entry in the second column—\nProvision of FSMA 2000\nModifications etc\nSection 1L(2) and (3)\n() Applies as if—\n(a) in subsection (2), the reference to persons other than authorised persons were a reference to persons subject to requirements imposed by virtue of regulation 25;\n(b) in subsections (2) and (3), the requirements referred to included requirements imposed on persons by virtue of regulation 25.\nSection 66 (disciplinary powers)\nSection 66A (misconduct: action by FCA)\n(1) The general modification in paragraph 5(b) does not apply in relation to the references to authorised persons in this section.\n(2) Applies as if, in subsection (4), the list of requirements included a requirement imposed by virtue of regulation 25.\nSections 67 to 70 (misconduct procedure)\nSection 168 (appointment of persons to carry out investigations in particular cases)\nSection 169 (investigations etc. in support of overseas regulator)\n() Applies as if—\n(a) references to an overseas regulator were to an authority in a country or territory outside the United Kingdom which has functions corresponding to those of the FCA under these Regulations, and\n(b) subsection (1)(b) were omitted.\nSection 170 (investigations: general)\nSection 171 (powers of person appointed under section 167)\nSection 172 (additional power of persons appointed as a result of section 168(1) or (4))\nSection 174 (admissibility of statement made to investigators)\nSection 175 (information and documents: supplemental provision)\nSection 176 (entry of premises under warrant)\nApplies as if references to the second set of conditions were omitted.\nSection 176A (retention of documents taken under section 176)\nSection 177 (offences)\nApplies as if the references to a person or the defaulter in subsections (1), (2), (4) and (5) were references to—\n(a) an authorised person,\n(b) a person who has been an authorised person,\n(c) a person who is for the purposes of section 165 of FSMA 2000 connected with an authorised person or with a person who has been an authorised person,\nwhere “authorised person” has the meaning given in section 31(2) of FSMA 2000, and not the modified meaning in paragraph 5(b).\nSection 177A (interpretation of Part 11)\nSection 204A (meaning of “relevant requirement” etc. for purposes of Part 14)\nApplies as if, in subsections (2) and (6), the list of requirements included a requirement imposed by virtue of regulation 25.\nSection 205 (public censure)\nSection 206 (financial penalties)\nSection 206A (suspending permission to carry on regulated activities etc.)\n(1) The general modification in paragraph 5(b) does not apply in relation to references to authorised persons in this section.\n(2) Applies as if the reference to a relevant requirement in subsection (1) were a reference to a requirement imposed by virtue of regulation 25.\nSection 206B (prohibition or restriction on carrying on of relevant designated activities)\n() Applies as if—\n(a) the references to relevant designated activity were references to the activities specified in regulation 4, and\n(b) the reference in subsection (1) to a relevant Part 5A requirement were a reference to a requirement imposed by virtue of regulation 25.\nSection 207 (proposal to take disciplinary measures)\nSection 208 (decision notice)\nSection 209 (publication)\nSection 210 (statements of policy)\nSection 211 (statements of policy: procedure)\nSection 380 (injunctions)\nApplies as if, in subsection (6)(a), the list of requirements included a requirement imposed by virtue of regulation 25.\nSection 382 (restitution orders)\nApplies as if, in subsection (9)(a), the list of requirements included a requirement imposed by virtue of regulation 25.\nSection 384 (power of FCA or PRA to require restitution)\nApplies as if, in subsection (7), the list of requirements included a requirement imposed by virtue of regulation 25.\nSection 385 (warning notices)\nSection 386 (decision notices)\nSection 387 (warning notices: procedure etc.)\nSection 388 (decision notices: procedure etc.)\nSection 389 and 390 (conclusion of proceedings)\nSection 391 (publication)\nSections 392 to 394 (third party rights and access to evidence)\nSection 395 (FCA’s and PRA’s procedures)\nSection 396 (statements under section 395: consultation)\nSection 400 (offences by bodies corporate etc.)\nSection 401 (proceedings for offences)\nSection 403 (jurisdiction and procedure in respect of offences)\nSection 413 (protected items)\nApplies as if, in subsection (1), the reference to a requirement under FSMA 2000 included a reference to a requirement imposed by virtue of regulation 25.\nSection 415AA (application of powers to formerly authorised persons)\nSection 415B (consultation in relation to taking certain enforcement action)\nParagraphs 19 to 22 of Schedule 1ZA (the FCA: penalties)\nThe general modification in paragraph 5(b) does not apply in relation to references to authorised persons in paragraph 21 of Schedule 1ZA.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2024/9780348265538/schedule/1/paragraph/6",
    "retrieved_at": "2026-10-30T14:40:14.742662+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}