Paragraph 8 Warning notices and decision notices
United Kingdom
Part 26 of the 2000 Act (notices) applies with the following modifications—
in section 387 (warning notices), omit subsections (1A) and (3A);
in section 388 (decision notices), F2omit subsections (1A) and (2);
in section 390 M1 (final notices)—
omit subsections (6) and (10); and
in subsection (8) omit “or (6)(c)”;
in section 391 (publication)—
for subsection (1ZB) substitute—
“(1ZB)A warning notice falls within this subsection if it is given under—
(a)section 67;
(b)section 345B;
(c)regulation 10 of the Electronic Money Regulations 2011 (including regulation 10 as applied by regulation 15 of those Regulations);
(d)regulation 29 of those Regulations;
(e)regulation 35 of those Regulations;
(f)regulation 53 of those Regulations; or
(g)regulation 56 of those Regulations.”;
omit subsection (6A);
in subsection (10) for “has the same meaning as in section 395” substitute “ means a notice given under regulation 11(6), (9) or (10)(b) (including as applied by regulation 15) of F4, or paragraph 4 of Schedule 4A to, the Electronic Money Regulations 2011 ”; and
omit subsection (11).
for section 392 M2 (application of sections 393 and 394) substitute—
“392Sections 393 and 394 apply to—
(a)a warning notice given in accordance with regulations 10(4) (including as applied by regulation 15), 29(2) (in relation to the cancellation of a registration), 35(2), 53(1) or 56(1) of the Electronic Money Regulations 2011;
(b)a decision notice given in accordance with regulations 10(5)(a) (including as applied by regulation 15), 29(3)(a) (in relation to the cancellation of a registration), 35(3)(a), 53(3) or 56(3) of the Electronic Money Regulations 2011.”; and
Annotations
Textual amendments
- F1
Sch. 3 para. 8(za) inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 196(5)(h)(i)
- F2
Words in Sch. 3 para. 8(a) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 196(5)(h)(ii)
- F3
Sch. 3 para. 8(c)(iza)(izb) inserted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 196(5)(h)(iii)(aa)
- F4
Words in Sch. 3 para. 8(c)(i) inserted (14.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014 (S.I. 2014/366), arts. 1(3)(4), 18(4)(c)(i)
- F5
Words in Sch. 3 para. 8(e) substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 196(5)(h)(iv)
- F6
Words in Sch. 3 para. 8(e) inserted (14.2.2014 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2014 (S.I. 2014/366), arts. 1(3)(4), 18(4)(c)(ii)
Marginal citations
- M1
Amended by S.I. 2010/22.
- M2
Section 392 was amended by sections 24 and 29 of, and Schedule 2 to, the Financial Services Act 2010.