Article 2 Payments to eligible licensees
The FCAf1 may make a payment to any eligible licensee who—
has paid to the OFT a charge under section 6A (charge on applicants for licences etc.) or 28A (charges to be paid by licensees etc. before end of payment periods) of the 1974 Actf2—
after 31st March 2009, or
before 1st April 2009 in respect of a licence issued or renewed on or after that date; and
is not a person—
to whom the OFT sent a letter substantially in the form set out (without annexes) in the Schedule to this Order; and
who, pursuant to such a letter, received a visit from an officer of the OFT or a person acting on behalf of the OFT.
In paragraph (1), an “eligible licensee” means a person who—
holds a standard licence under the 1974 Act at the relevant time;
was the applicant for a group licence under the 1974 Act that is in issue at the relevant time; or
held a standard licence under the 1974 Act on 23rd April 2012 in respect of which the person—
gave notice to the OFT before this Order comes into force, or
gives notice to the OFT before 1st April 2014,
relinquishing the licence (irrespective of whether the relinquishing of the licence takes effect before 1st April 2014).
In paragraph (2), “the relevant time” means—
in relation to a payment made before 1st April 2014 to a person who is not required to make an application pursuant to a condition specified by the FCA under article 3, the time at which the payment is made;
in relation to an application made before 1st April 2014 pursuant to a condition specified by the FCA under article 3, the time at which the application is made; or
in any other case, immediately before 1st April 2014.
Annotations
Footnotes
- f1
-
Section 417 of the Act, as amended by the Financial Services Act 2012 (c.21), section 48, defines the “FCA” as meaning the Financial Conduct Authority.
- f2
-
Section 6A inserted by the Consumer Credit Act 2006 (c.14), section 27. Section 28A inserted by the Consumer Credit Act 2006, section 35.