Part XII Control Over Authorised Persons
Acquiring or increasing control: procedure
X1186 Objection to acquisition of control.
(1)
On considering a notice of control, the Authority may give a decision notice under this section to the person acquiring control (“the acquirer”) unless it is satisfied that the approval requirements are met.
(2)
The approval requirements are that—
(a)
the acquirer is a fit and proper person to have the control over the authorised person that he has or would have if he acquired the control in question; and
(b)
the interests of consumers would not be threatened by the acquirer’s control or by his acquiring that control.
(3)
In deciding whether the approval requirements are met, the Authority must have regard, in relation to the control that the acquirer—
(a)
has over the authorised person concerned (“A”), or
(b)
will have over A if the proposal to which the notice of control relates is carried into effect,
to its duty under section 41 in relation to each regulated activity carried on by A.
(4)
If the Authority gives a notice under this section but considers that the approval requirements would be met if the person to whom a notice is given were to take, or refrain from taking, a particular step, the notice must identify that step.
(5)
A person to whom a notice under this section is given may refer the matter to the Tribunal.
(6)
“Consumers” means persons who are consumers for the purposes of section 138.