OpenLegislation

Section 88E Powers exercisable to advance operational objectivesF1

(1)

The FCA may take action against a sponsor under this section if it considers that it is desirable to do so in order to advance one or more of its operational objectives.

(2)

If the FCA is entitled to take action under this section against a sponsor, it may—

(a)

suspend, for such period as it considers appropriate, the sponsor's approval, or

(b)

impose, for such period as it considers appropriate, such limitations or other restrictions in relation to the performance of services to which the sponsor's approval relates as it considers appropriate.

(3)

A suspension may relate only to the performance in specified circumstances of a service to which the approval relates.

(4)

A restriction may, in particular, be imposed so as to require the sponsor to take, or refrain from taking, specified action.

(5)

The FCA may—

(a)

withdraw a suspension or restriction, or

(b)

vary a suspension or restriction so as to reduce the period for which it has effect or otherwise to limit its effect.

(6)

A person against whom the FCA takes action under this section may refer the matter to the Tribunal.

Annotations

Textual amendments

F1

Ss. 88A-88F substituted for s. 89 (24.1.2013 for specified purposes, 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(4), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.; S.I. 2013/651, art. 2(a)

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)