Financial Services and Markets Act 2000

[F189MProcedure under section 89LU.K.

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(1)A requirement under section 89L takes effect—

(a)immediately, if the notice under subsection (2) states that that is the case;

(b)in any other case, on such date as may be specified in the notice.

(2)If the [F2FCA]

(a)proposes to exercise the powers in section 89L in relation to a person, or

(b)exercises any of those powers in relation to a person with immediate effect,

it must give that person written notice.

(3)The notice must—

(a)give details of the [F2FCA's] action or proposed action;

(b)state the [F2FCA's] reasons for taking the action in question and choosing the date on which it took effect or takes effect;

(c)inform the recipient that he may make representations to the [F2FCA] within such period as may be specified by the notice (whether or not he had referred the matter to the Tribunal);

(d)inform him of the date on which the action took effect or takes effect;

(e)inform him of his right to refer the matter to the Tribunal (see section 89N) and give an indication of the procedure on such a reference.

(4)The [F2FCA] may extend the period within which representations may be made to it.

(5)If, having considered any representations made to it, the [F2FCA] decides to maintain, vary or revoke its earlier decision, it must give written notice to that effect to the person mentioned in subsection (2).]

Textual Amendments

F1Ss. 89K-89N and cross-heading inserted (8.11.2006) by Companies Act 2006 (c. 46), ss. 1268, 1300(1)(a)

F2Words in ss. 89A-97 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)(g), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.