Section 88 Sponsors.I1

United Kingdom

(1)

Listing rules may require a person to make arrangements with a sponsor for the performance by the sponsor of such services in relation to him as may be specified in the rules.

(2)

“Sponsor” means a person approved by the F1FCA for the purposes of the rules.

(3)

Listing rules made by virtue of subsection (1) may—

(a)

provide for the FCA to maintain a list of sponsors;

(b)

specify services which must be performed by a sponsor;

(c)

impose requirements on a sponsor in relation to the provision of services or specified services;

(d)

specify the circumstances in which a person is qualified for being approved as a sponsor.

F2(e)

provide for limitations or other restrictions to be imposed on the services to which an approval relates (whether or not the approval has already been granted);

(f)

provide for the approval of a sponsor to be suspended on the application of the sponsor.

(4)

If the FCA proposes—

(a)

to refuse a person’s application F3under sponsor rules,

F4(aa)

to impose limitations or other restrictions on the services to which a person's approval relates, or

(b)

to cancel a person’s approval as a sponsor F5otherwise than at his request,

it must give him a warning notice.

(5)

If, after considering any representations made in response to the warning notice, the FCA decides—

(a)

to grant the application F6under sponsor rules,

F7(aa)

not to impose limitations or other restrictions on the services to which a person's approval relates, or

(b)

not to cancel the approval,

it must give the person concerned, and any person to whom a copy of the warning notice was given, written notice of its decision.

(6)

If, after considering any representations made in response to the warning notice, the FCA decides—

(a)

to refuse to grant the application F8under sponsor rules,

F9(aa)

to impose limitations or other restrictions on the services to which a person's approval relates, or

(b)

to cancel the approval,

it must give the person concerned a decision notice.

(7)

A person to whom a decision notice is given under this section may refer the matter to the Tribunal.

F10(8)

In this section any reference to an application under sponsor rules means—

(a)

an application for approval as a sponsor,

(b)

an application for the suspension of an approval as a sponsor,

(c)

an application for the withdrawal of the suspension of an approval as a sponsor, or

(d)

an application for the withdrawal or variation of a limitation or other restriction on the services to which a sponsor's approval relates.

Annotations

Textual amendments

F1: Words in ss. 87Q-88 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), ss. 16(2)(3)(f), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
F2: S. 88(3)(e)(f) inserted (19.3.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), s. 18(2)(a)(3), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.; S.I. 2013/651, art. 2(a)
F3: Words in s. 88(4)(a) substituted (19.3.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 18(2)(b), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.; S.I. 2013/651, art. 2(a)
F4: S. 88(4)(aa) inserted (19.3.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 18(2)(c), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.; S.I. 2013/651, art. 2(a)
F5: Words in s. 88(4)(b) inserted (12.7.2007) by The Regulatory Reform (Financial Services and Markets Act 2000) Order 2007 (S.I. 2007/1973), art. 9
F6: Words in s. 88(5)(a) substituted (19.3.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 18(2)(d), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.; S.I. 2013/651, art. 2(a)
F7: S. 88(5)(aa) inserted (19.3.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 18(2)(e), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.; S.I. 2013/651, art. 2(a)
F8: Words in s. 88(6)(a) substituted (19.3.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 18(2)(f), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.; S.I. 2013/651, art. 2(a)
F9: S. 88(6)(aa) inserted (19.3.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 18(2)(g), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.; S.I. 2013/651, art. 2(a)
F10: S. 88(8) inserted (19.3.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 18(2)(h), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.; S.I. 2013/651, art. 2(a)

Commencement

I1: S. 88 wholly in force at 1.12.2001; s. 88 not in force at Royal Assent see s. 431(2); s. 88(1)-(3) in force at 18.6.2001 by S.I. 2001/1820, art. 2, Sch.; s. 88 in force in so far as not already in force at 1.12.2001 by S.I. 2001/3538, art. 2(1)

Notes on Part VI

Modifications

C1: Pt. 6 (ss. 72-103) applied (with modifications) (1.12.2001) by S.I. 1995/1537, Sch. 4 (as amended (1.12.2001) by S.I. 2001/3649, arts. 1, 511)
C2: Pt. 6 modified (31.12.2020) by The Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/707), regs. 1(2), 73 (as amended by S.I. 2019/1234, regs. 1(2), 23 and with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1234, regs. 1(3), 29(2)))); 2020 c. 1, Sch. 5 para. 1(1)