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The Capital Requirements Regulations 2013
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- UK Statutory Instruments
- 2013 No. 3115
- PART 8
- Regulation 43
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The Capital Requirements Regulations 2013, Section 43 is up to date with all changes known to be in force on or before 13 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 43:
- Regulations revoked by 2023 c. 29 Sch. 1 Pt. 2
Publication of written noticesU.K.
This section has no associated Explanatory Memorandum
43.—(1) Subject to paragraph (2), the [F1PRA] must publish a relevant notice in the way appearing to [F2the PRA] to be best calculated for bringing it to the attention of—
(a)persons likely to be affected by it; and
(b)persons who are, in the opinion of [F2the PRA] , likely to make an application for a similar permission.
(2) Paragraph (1) does not apply if—
(a)the relevant notice relates to an application for a permission which has been refused; or
(b)[F2the PRA] is satisfied that it is inappropriate or unnecessary to publish the relevant notice.
(3) In deciding whether it is satisfied of the matters mentioned in paragraph (2)(b), [F2the PRA] must consider whether—
(a)publication would prejudice, to an unreasonable degree, the commercial interests of the person concerned or any other member of the person's immediate group;
(b)publication of the relevant notice without mentioning the identity of the person concerned might avoid any adverse consequence of publication.
(4) In this regulation, “relevant notice” means a written notice—
(a)given under regulation 41 in relation to a decision of [F3the PRA]; or
(b)stating that an event referred to in paragraph (5) has occurred in relation to that decision.
(5) The events mentioned in paragraph (4)(b) are—
(a)the decision has been referred to the Tribunal;
(b)the decision has been suspended by the Tribunal;
(c)any suspension of the decision has been revoked by the Tribunal;
(d)the reference has been dismissed by the Tribunal.
Textual Amendments
F1Word in reg. 43(1) substituted (1.1.2022) by The Financial Services Act 2021 (Prudential Regulation of Credit Institutions and Investment Firms) (Consequential Amendments and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/1376), regs. 1(3), 16(19)(a)
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