Article 9 Approved persons performing controlled functions for Relevant Applicant

(1)

Where a person (“E”) has transitional approval to perform a controlled function in relation to the carrying on by a Relevant Applicant of a regulated activity for which that Relevant Applicant has interim permission, that transitional approval lapses on whichever is the earliest of the following dates—

(a)

the date when the Relevant Applicant’s interim permission lapses in accordance with article 8;

(b)

if E has applied for approval under section 59 to perform that function and that application is granted, then the date when that application is granted;

(c)

if E has applied for approval under section 59 to perform that function and the application is refused, then the date when either—

(i)

any reference of that refusal under section 62(4) is determined by the Tribunal; or

(ii)

the right to refer the refusal to the Tribunal expires without such a reference having been made.

(2)

For the purposes of paragraph (1), E has transitional approval to perform a controlled function if he is to be taken, by virtue of the Authorised Persons Order, to have been approved by the Authority for the performance of that function.