Regulation 18 Notice of FCA decision to exercise power in exceptional circumstancesI1

United Kingdom

(1)

The FCA must publish a notice of any decision to exercise a power under this Part.

(2)

The notice must specify—

(a)

the power exercised;

(b)

the measure imposed under the power, including a description of the financial instruments or transactions to which it relates;

(c)

the time period for which the measure will be in force;

(d)

the reasons why the FCA believes it necessary or, in the case of a decision to exercise the power in regulation 17, appropriate to exercise the power including the evidence supporting those reasons;

(e)

the reasons why the FCA believes that the exercise of the power will not have a detrimental effect on the efficiency of the financial markets in the United Kingdom which is disproportionate to its benefits;

(f)

where the notice is of a decision to exercise the power in regulation 13(1), the threshold for notification to the FCA of a net short position;

(g)

any exceptions that apply in relation to the measure;

(h)

where the notice is of a decision to exercise a power in regulation 13 or 14—

(i)

how and when notification must be made, and

(ii)

the form and content of the notification.

(3)

A measure imposed by the FCA under this Part takes effect when the notice is published or at a later time specified in the notice and applies (as appropriate) in relation to—

(a)

any position held or any lending agreement in place at the time;

(b)

any position acquired or any lending agreement, short sale or transaction entered into after the measure takes effect.

(4)

A measure imposed by the FCA under this Part ceases to have effect at the end of the time period specified in the notice in accordance with paragraph (2)(c).

Annotations

Commencement

I1: Reg. 18 comes into force in accordance with reg. 2(2)(3)