F1PART 4APermission to carry on regulated activities
Application for permission
55AApplication for permission
(1)
An application for permission to carry on one or more regulated activities may be made to the appropriate regulator by—
(a)
an individual,
(b)
a body corporate,
(c)
a partnership, or
(d)
an unincorporated association.
(2)
“The appropriate regulator”, in relation to an application under this section, means F2(subject to subsection (2B))—
(a)
the PRA, in a case where—
(i)
the regulated activities to which the application relates consist of or include a PRA-regulated activity, or
(ii)
the applicant is a PRA-authorised person otherwise than by virtue of a Part 4A permission;
(b)
the FCA, in any other case.
F3(2A)
An application under this section for permission to carry on the regulated activity specified in article 63S of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 may not include an application for permission to carry on any other regulated activity.
(2B)
The appropriate regulator, in relation to an application under this section for permission to carry on the regulated activity specified in article 63S of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, is the FCA.
(3)
An authorised person who has a permission under this Part which is in force may not apply for permission under this section.
(4)
An EEA firm may not apply for permission under this section to carry on a regulated activity which it is, or would be, entitled to carry on in exercise of an EEA right, whether through a United Kingdom branch or by providing services in the United Kingdom.
(5)
A permission given by the appropriate regulator under this Part or having effect as if so given is referred to in this Act as “a Part 4A permission”.
55BThe threshold conditions
(1)
“The threshold conditions”, in relation to a regulated activity, means the conditions set out in or specified under Schedule 6, as read with any threshold condition code made by either regulator under section 137O.
(2)
Any reference in this Part to the threshold conditions for which either regulator is responsible is to be read as a reference to the conditions set out in or specified under Schedule 6 that are expressed to be relevant to the discharge by that regulator of its functions, as read with any threshold condition code made by that regulator under section 137O.
(3)
In giving or varying permission, imposing or varying a requirement, or giving consent, under any provision of this Part, each regulator must ensure that the person concerned will satisfy, and continue to satisfy, in relation to all of the regulated activities for which the person has or will have permission, the threshold conditions for which that regulator is responsible.
(4)
But the duty imposed by subsection (3) does not prevent a regulator, having due regard to that duty, from taking such steps as it considers are necessary, in relation to a particular person, in order to advance—
(a)
in the case of the FCA, any of its operational objectives;
(b)
in the case of the PRA, any of its objectives.
F4(5)
The duty imposed by subsection (3) does not apply in relation to the regulated activity specified in article 63S of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (administering a benchmark).
55CPower to amend Schedule 6
(1)
The Treasury may by order amend Parts 1 and 2 of Schedule 6 by altering, adding or repealing provisions, or by substituting for those Parts as they have effect for the time being provisions specified in the order.
(2)
Different provision may be made under this section—
(a)
in relation to the discharge of the functions of each regulator;
(b)
in relation to different regulated activities;
(c)
in relation to persons who carry on, or seek to carry on, activities that consist of or include a PRA-regulated activity and in relation to other persons.
55DFirms based outside EEA
(1)
This section applies in relation to a person (“the non-EEA firm”)—
(a)
who is a body incorporated in, or formed under the law of, or is an individual who is a national of, any country or territory outside the EEA, and
(b)
who is carrying on a regulated activity in any country or territory outside the United Kingdom in accordance with the law of that country or territory (“the overseas state”).
(2)
In determining whether the non-EEA firm is satisfying or will satisfy, and continue to satisfy, any one or more of the threshold conditions for which a UK regulator is responsible, the UK regulator may have regard to any opinion notified to it by a regulatory authority in the overseas state (“the overseas regulator”) which relates to the non-EEA firm and appears to the UK regulator to be relevant to compliance with those conditions.
(3)
In considering how much weight (if any) to attach to the opinion, the UK regulator must have regard to the nature and scope of the supervision exercised in relation to the non-EEA firm by the overseas regulator.
(4)
In this section “UK regulator” means the FCA or the PRA.
55EGiving permission: the FCA
(1)
This section applies where the FCA is the appropriate regulator in relation to an application for permission under section 55A.
(2)
The FCA may give permission for the applicant to carry on the regulated activity or activities to which the application relates or such of them as may be specified in the permission.
(3)
If the applicant is a member of a group which includes a PRA-authorised person, the FCA must consult the PRA before determining the application.
F5(3A)
The FCA must consult the PRA before determining an application for permission to carry on the regulated activity specified in article 63S of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (administering a benchmark) made by a person who is a PRA-authorised person otherwise than by virtue of a Part 4A permission.
(4)
If it gives permission, the FCA must specify the permitted regulated activity or activities, described in such manner as the FCA considers appropriate.
(5)
The FCA may—
(a)
incorporate in the description of a regulated activity such limitations (for example as to circumstances in which the activity may, or may not, be carried on) as it considers appropriate;
(b)
specify a narrower or wider description of regulated activity than that to which the application relates;
(c)
give permission for the carrying on of a regulated activity which is not included among those to which the application relates and is not a PRA-regulated activity.
55FGiving permission: the PRA
(1)
This section applies where the PRA is the appropriate regulator in relation to an application for permission under section 55A.
(2)
The PRA may with the consent of the FCA give permission for the applicant to carry on the regulated activity or activities to which the application relates or such of them as may be specified in the permission.
(3)
If it gives permission, the PRA must specify the permitted regulated activity or activities, described in such manner as the PRA considers appropriate.
(4)
The PRA may—
(a)
incorporate in the description of a regulated activity such limitations (for example as to circumstances in which the activity may, or may not, be carried on) as it considers appropriate;
(b)
specify a narrower or wider description of regulated activity than that to which the application relates;
(c)
give permission for the carrying on of a regulated activity which is not included among those to which the application relates.
(5)
Consent given by the FCA for the purposes of this section may be conditional on the manner in which the PRA exercises its powers under subsections (3) and (4).
(6)
Subsections (3) and (4)(b) and (c) do not enable the PRA to give permission that relates only to activities that are not PRA-regulated activities, except where the applicant is a PRA-authorised person otherwise than by virtue of a Part 4A permission.
55GGiving permission: special cases
(1)
“The applicant” means an applicant for permission under section 55A.
(2)
If the applicant—
(a)
in relation to a particular regulated activity, is exempt from the general prohibition as a result of section 39(1) or an order made under section 38(1), but
(b)
has applied for permission in relation to another regulated activity,
the application is to be treated as relating to all the regulated activities which, if permission is given, the applicant will carry on.
(3)
If the applicant—
(a)
(b)
has applied for permission in relation to another regulated activity,
the application is to be treated as relating only to that other regulated activity.
(4)
If the applicant—
(a)
is a person to whom, in relation to a particular regulated activity, the general prohibition does not apply as a result of Part 19, but
(b)
has applied for permission in relation to another regulated activity,
the application is to be treated as relating only to that other regulated activity.
(5)
Subsection (6) applies where either regulator (“the responsible regulator”) receives an application for permission under section 55A which is in the regulator's opinion similar to an application which was previously made to the other regulator and was either—
(a)
treated by the other regulator as not being a valid application to that regulator because of the regulated activities to which it related, or
(b)
refused by the other regulator after being considered.
(6)
The responsible regulator must have regard to the desirability of minimising—
(a)
the additional work for the applicant in dealing with the new application, and
(b)
the time taken to deal with the new application.