# The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, Article 95: Exclusion from record where not fit and proper to carry on insurance distribution activities

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

(1) If it appears to the FCA that a person who falls within article 93(2) (appointed representatives) (“AR”) is not a fit and proper person to carry on insurance distribution activities, it may decide not to include him in the record or, if that person is already included in the record, to remove him from the record.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where the FCA proposes to make a determination under paragraph (1), it must give AR a warning notice.
(3) If the FCA makes a determination under paragraph (1), it must give AR a decision notice.
(4) If the FCA gives AR a decision notice under paragraph (3), AR may refer the matter to the Tribunal.
(5) The FCA may, on the application of AR, revoke a determination under paragraph (1).
(6) If the FCA decides to grant the application, it must give AR written notice of its decision.
(7) If the FCA proposes to refuse the application, it must give AR a warning notice.
(8) If the FCA decides to refuse the application, it must give AR a decision notice.
(9) If the FCA gives AR a decision notice under paragraph (8), AR may refer the matter to the Tribunal.
(10) Sections 393 and 394 of the Act (third party rights and access to FCA or PRA material) apply to a warning notice given in accordance with paragraph (2) or (7) and to a decision notice given in accordance with paragraph (3) or (8).

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Source: https://www.legislation.gov.uk/uksi/2001/544/article/95 (the official version)
Page: https://openlegislation.uk/financial-services-and-markets-act-2000-regulated-activities-order-2001/article-95
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.