# The Short Selling Regulations 2024, Paragraph 6


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—
Provision of FSMA 2000
Modifications etc
Section 1L(2) and (3)
() Applies as if—
(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;
(b) in subsections (2) and (3), the requirements referred to included requirements imposed on persons by virtue of regulation 25.
Section 66 (disciplinary powers)
Section 66A (misconduct: action by FCA)
(1) The general modification in paragraph 5(b) does not apply in relation to the references to authorised persons in this section.
(2) Applies as if, in subsection (4), the list of requirements included a requirement imposed by virtue of regulation 25.
Sections 67 to 70 (misconduct procedure)
Section 168 (appointment of persons to carry out investigations in particular cases)
Section 169 (investigations etc. in support of overseas regulator)
() Applies as if—
(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
(b) subsection (1)(b) were omitted.
Section 170 (investigations: general)
Section 171 (powers of person appointed under section 167)
Section 172 (additional power of persons appointed as a result of section 168(1) or (4))
Section 174 (admissibility of statement made to investigators)
Section 175 (information and documents: supplemental provision)
Section 176 (entry of premises under warrant)
Applies as if references to the second set of conditions were omitted.
Section 176A (retention of documents taken under section 176)
Section 177 (offences)
Applies as if the references to a person or the defaulter in subsections (1), (2), (4) and (5) were references to—
(a) an authorised person,
(b) a person who has been an authorised person,
(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,
where “authorised person” has the meaning given in section 31(2) of FSMA 2000, and not the modified meaning in paragraph 5(b).
Section 177A (interpretation of Part 11)
Section 204A (meaning of “relevant requirement” etc. for purposes of Part 14)
Applies as if, in subsections (2) and (6), the list of requirements included a requirement imposed by virtue of regulation 25.
Section 205 (public censure)
Section 206 (financial penalties)
Section 206A (suspending permission to carry on regulated activities etc.)
(1) The general modification in paragraph 5(b) does not apply in relation to references to authorised persons in this section.
(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.
Section 206B (prohibition or restriction on carrying on of relevant designated activities)
() Applies as if—
(a) the references to relevant designated activity were references to the activities specified in regulation 4, and
(b) the reference in subsection (1) to a relevant Part 5A requirement were a reference to a requirement imposed by virtue of regulation 25.
Section 207 (proposal to take disciplinary measures)
Section 208 (decision notice)
Section 209 (publication)
Section 210 (statements of policy)
Section 211 (statements of policy: procedure)
Section 380 (injunctions)
Applies as if, in subsection (6)(a), the list of requirements included a requirement imposed by virtue of regulation 25.
Section 382 (restitution orders)
Applies as if, in subsection (9)(a), the list of requirements included a requirement imposed by virtue of regulation 25.
Section 384 (power of FCA or PRA to require restitution)
Applies as if, in subsection (7), the list of requirements included a requirement imposed by virtue of regulation 25.
Section 385 (warning notices)
Section 386 (decision notices)
Section 387 (warning notices: procedure etc.)
Section 388 (decision notices: procedure etc.)
Section 389 and 390 (conclusion of proceedings)
Section 391 (publication)
Sections 392 to 394 (third party rights and access to evidence)
Section 395 (FCA’s and PRA’s procedures)
Section 396 (statements under section 395: consultation)
Section 400 (offences by bodies corporate etc.)
Section 401 (proceedings for offences)
Section 403 (jurisdiction and procedure in respect of offences)
Section 413 (protected items)
Applies 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.
Section 415AA (application of powers to formerly authorised persons)
Section 415B (consultation in relation to taking certain enforcement action)
Paragraphs 19 to 22 of Schedule 1ZA (the FCA: penalties)
The general modification in paragraph 5(b) does not apply in relation to references to authorised persons in paragraph 21 of Schedule 1ZA.

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Source: https://www.legislation.gov.uk/ukdsi/2024/9780348265538/schedule/1/paragraph/6 (the official version)
Page: https://openlegislation.uk/draft-short-selling-regulations-2024/schedule-1/paragraph-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.