# The Financial Services Act 2012 (Transitional Provisions) (Permission and Approval) Order 2013, Article 10: Determination of applications

Extent: E+W+S+N.I.

(1) Paragraph (2) to (4) apply if, before the commencement date—
(a) the Authority received an application under section 40 (application for permission) for permission to carry on one or more regulated activities;
(b) the applicant had not withdrawn the application; and
(c) the Authority had not issued a written notice or a warning notice in respect of the application.
(2) The application is to be treated as if it had been made under section 55A (application for permission) to the appropriate regulator within the meaning of that section.
(3) For the purposes of section 55V(1) (determination of applications), if the Authority received a completed application before the commencement date, the appropriate regulator is to be treated as if it had received the completed application on the date on which the Authority received it.
(4) For the purposes of section 55V(2), if the Authority received an incomplete application before the commencement date, the appropriate regulator is to be treated as if it had received the incomplete application on the date on which the Authority received it.
(5) Paragraph (6) applies if—
(a) before the commencement date the Authority gave a written notice under section 52(4) (notice granting an application for, or for variation of, a Part 4 permission); and
(b) the date from which the permission, or the variation, has effect is, or is after, the commencement date.
(6) The notice is to be treated as if it had been given under section 55V(5) by—
(a) the PRA if, on the date on which the permission or the variation has effect, the person to whom the notice was given is a PRA-authorised person; and
(b) the FCA in any other case.

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Source: https://www.legislation.gov.uk/uksi/2013/440/article/10 (the official version)
Page: https://openlegislation.uk/financial-services-act-2012-transitional-provisions-permission-and-approval-order-2013/article-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.