Section 301G Assessment: ProcedureF1

United Kingdom

(1)

The F2FCA must act under section 301F within a period three months from the date the FCA receives the completed section 301A notice (“the assessment period”).

(2)

The F3FCA must inform the section 301A notice-giver in writing of—

(a)

the duration of the assessment period; and

(b)

its expiry date.

(3)

The FCA must, within two working days of acting under section 301F (and in any event no later than the expiry date of the assessment period)—

(a)

notify the section 301A notice-giver that it has determined to approve the acquisition; or

(b)

in the case of a proposed objection to an acquisition, give a warning notice.

(4)

The FCA is treated as having approved the acquisition if, at the expiry of the assessment period, it has neither—

(a)

given notice under subsection (3); nor

(b)

informed the section 301A notice-giver that the notice is incomplete.

(5)

If the FCA decides to object to an acquisition it must give the section 301A notice-giver a decision notice.

(6)

Following receipt of a decision notice under this section, the section 301A notice-giver may refer F4the FCA's decision to the Tribunal.

Annotations

Textual amendments

F1: Pt. 18 Ch. 1A substituted (21.3.2009) by virtue of The Financial Services and Markets Act 2000 (Controllers) Regulations 2009 (S.I. 2009/534), reg. 5, Sch. 2 (with reg. 8)
F2: Word in s. 301G(1) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 8 para. 27(2) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
F3: Word in s. 301G(2)-(5) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 8 para. 27(2) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
F4: Words in s. 301G(6) substituted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 8 para. 27(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.

Notes on Part XVIII

Textual amendments

F1: Pt. 18 heading substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 2(8) (with regs. 7(4), 9(1))
F2: Words in Pt. 18 heading substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 18(2), 86(3); S.I. 2023/779, reg. 4(m)

Modifications

C1: Pt. 18 applied in part (with modifications) (12.12.2011) by The Recognised Auction Platforms Regulations 2011 (S.I. 2011/2699), reg. 7, Sch. 2 (as amended (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 37 (with regs. 7(4), 9(1)))