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The Financial Services and Markets Tribunal Rules 2001

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References by third parties

15.—(1) In the case of any reference made by an applicant under section 393 (third party rights) these Rules apply subject to the modifications set out in this rule.

(2) The following definitions apply in place of the definitions of “Authority notice” and “referred action” given in rule 2(1)—

(a)if the reference was made under section 393(9) (reference to the Tribunal by a third party to whom a decision notice was copied), “Authority notice” means the decision notice which was copied to the applicant by the Authority;

(b)if the reference was made under section 393(11) (reference to the Tribunal by a third party who alleges that he was not given a copy of a decision notice), “Authority notice” means the decision notice which the applicant alleges was not copied to him; and

(c)in either case, “referred action” means the action set out in the Authority notice.

(3) If the reference was made under section 393(11), rule 4(5) (requirement on applicant to file a copy of the Authority notice) does not apply.

(4) The duties of the Authority to set out information under rule 5(2) (statement of case) or to list material under rule 5(3) or 7(1) (lists of documents and further material) apply only to information, documents or material which relate to the matters referred to the Tribunal in accordance with section 393(9) or (as the case may be) section 393(11).

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