Regulation 36 Right to refer matters to the Tribunal
Subject to paragraph (2), an administrator who has applied for a recognition order under regulation 34 (procedure for prior recognition of a benchmark administrator located in a third country) or a person who has applied to endorse a benchmark under regulation 35 (endorsement of benchmarks provided in a third country) who is aggrieved by the FCA's decision to—
refuse to make a recognition order under regulation 34 (procedure for prior recognition of a benchmark administrator located in a third country), exercise its power under regulation 34(6)(a) or refuse the administrator's application under regulation 34(6)(b) to withdraw, vary or suspend a recognition order; or
refuse to make an endorsement order under regulation 35 (endorsement of benchmarks provided in a third country), exercise its power under regulation 35(7)(a) or refuse the administrator's application under regulation 35(7)(b) to withdraw, vary or suspend an endorsement order;
may refer the matter to the Tribunal.
Where there is a review under regulation 34(9) or 35(10), paragraph (1) applies only in relation to the FCA's decision in response to that review.
Notes on the whole SI
Textual amendments
- F1
Regulations revoked (14.12.2023 for the revocation of reg. 68) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 1 Pt. 2 (with s. 1(4)); S.I. 2023/1382, reg. 2(c)(xxi)