OpenLegislation

Section 282B Public censureF1

(1)

This section applies where the FCA considers that—

(a)

rules made under section 278 have been contravened,

(b)

the operator of a scheme recognised under section 272 has contravened section 277, 277A or 282A, or

(c)

the operator of a scheme recognised under section 272 has contravened a rule made, or a requirement imposed, under section 283.

(2)

The FCA may publish a statement to that effect.

(3)

Where the FCA proposes to publish a statement under subsection (2) in relation to a scheme or the operator of a scheme, it must give the operator a warning notice setting out the terms of the statement.

(4)

If the FCA decides to publish the statement—

(a)

it must give the operator, without delay, a decision notice setting out the terms of the statement, and

(b)

the operator may refer the matter to the Tribunal.

(5)

After a statement under subsection (2) is published, the FCA must send a copy of it to the operator and to any person to whom a copy of the decision notice was given under section 393(4).

Annotations

Textual amendments

F1

Ss. 282A-282C inserted (23.2.2022) by Financial Services Act 2021 (c. 22), ss. 25(5), 49(5); S.I. 2022/163, reg. 2(b)

Notes on Part XVII

Modifications

C1

Pt. 17 modified (20.2.2019) by The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(3), 62 (as amended (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 12(b))

Notes on Chapter V

Modifications

C1

Pt. 17 modified (20.2.2019) by The Collective Investment Schemes (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/325), regs. 1(3), 62 (as amended (31.1.2020 immediately before exit day) by The Financial Services (Consequential Amendments) Regulations 2020 (S.I. 2020/56), regs. 1, 12(b))

Notes on ...

Textual amendments

F1

S. 278 crossheading omitted (22.7.2013) by virtue of The Alternative Investment Fund Managers Regulations 2013 (S.I. 2013/1773), reg. 1, Sch. 1 para. 22