Section 309K Determining applications: power to grant approvalF1
The appropriate regulator may grant an application under section 309I for approval for a person to perform a designated senior management function only if—
it is satisfied that the person is a fit and proper person to perform the function, or
The appropriate regulator may, if it appears to it that it is desirable to do so in order to advance a relevant objective—
grant the application subject to any conditions that it considers appropriate;
grant the application so as to give approval only for a limited period.
For the purposes of subsection (3), “relevant objective” means—
if the appropriate regulator is the FCA, any of its operational objectives;
if the appropriate regulator is the Bank of England, the Financial Stability Objective.
Before granting approval under this section (whether or not subject to conditions or for a limited period), the appropriate regulator must comply with such consultation requirements as may be prescribed.
Annotations
Textual amendments
- F1
Pt. 18 Ch. 2A inserted (29.6.2023 for specified purposes) by Financial Services and Markets Act 2023 (c. 29), s. 86(1)(e), Sch. 10 para. 1
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)))