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Section 313BC Decisions on applications for revocation by institutionsF1F2

(1)

This section applies where, having considered any representations made in response to a warning notice, the F3FCA has decided whether to grant an application for revocation made under section 313BB.

(2)

The FCA must give written notice in accordance with subsection (3) if—

(a)

in the case of a requirement imposed on an institution, the FCA decides to revoke the requirement, or

(b)

in the case of a requirement imposed on a class, the FCA makes a decision which has the effect that the requirement will no longer apply to the applicant (whether or not it will continue to apply to other members of the class).

(3)

The written notice must be given to—

(a)

the applicant, and

(b)

the issuer of the financial instrument in question (if any).

(4)

If the FCA is required to give written notice under subsection (2) in relation to a requirement imposed on a class, the FCA must also give notice of its decision by publishing it by means of a regulatory information service.

(5)

The FCA must give a decision notice in accordance with subsection (6) if—

(a)

in the case of a requirement imposed on an institution, the FCA decides not to revoke the requirement, or

(b)

in the case of a requirement imposed on a class, the FCA makes a decision which has the effect that the requirement will continue to apply to the applicant (whether or not it will continue to apply to other members of the class).

(6)

The decision notice must be given to—

(a)

the applicant, and

(b)

the issuer of the financial instrument in question (if any).

(7)

If the FCA is required to give a decision notice in relation to a requirement imposed on a class, the FCA must also give notice of its decision by publishing it by means of a regulatory information service.

(8)

If the FCA gives a decision notice, the recipient may refer the matter to the Tribunal.

Annotations

Textual amendments

F1

Pt. 18A inserted (1.4.2007 for certain purposes and 1.11.2007 otherwise) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 (S.I. 2007/126), regs. 1(2), 3(3), Sch. 3 para. 1

F2

Ss. 313BA-313BE inserted (9.4.2010) by The Financial Services and Markets Act 2000 (Amendments to Part 18A etc.) Regulations 2010 (S.I. 2010/1193), reg. 4

F3

Word in Pt. 18A substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 36(a), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.

Notes on Part 18A

Modifications

C1

Pt. 18A: power to amend conferred (1.9.2023) by Financial Services Act 2021 (c. 22), ss. 22(8)(b), 49(5); S.I. 2023/934, reg. 2(c)