xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Textual Amendments
F1Pt. 18A inserted (1.4.2007 for certain purposes and 1.11.2007 otherwise) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 (S.I. 2007/126), regs. 1(2), 3(3), Sch. 3 para. 1
(1)A requirement imposed on an institution under section 313A (a “relevant requirement”) takes effect—
(a)immediately, if the notice given under subsection (2) states that this is the case;
(b)in any other case, on such date as may be specified in the notice.
(2)If the [F2FCA] proposes to impose a relevant requirement on an institution, [F3or a class of institutions,] or imposes such a requirement with immediate effect, it must give written notice to[F4 give notice—
(a)by written notice to—
(i)the institution or, as the case may be, each institution in the class, and
(ii)the issuer of the financial instrument in question (if any); or
(b)by publishing a notice by means of a regulatory information service.]
(3)[F5A notice given under subsection (2)(a)] must—
(a)give details of the relevant requirement;
(b)state the [F6FCA's] reasons for imposing the requirement 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 has referred the matter to the Tribunal);
(d)inform him of the date on which the requirement took effect or takes effect; and
(e)inform him of his right to refer the matter to the Tribunal and give an indication of the procedure on such a reference.
[F7(3A)A notice published under subsection (2)(b) must—
(a)give details of the relevant requirement;
(b)specify the institution, or the class of institutions, to which it applies;
(c)state the [F6FCA's] reasons for imposing the requirement and choosing the date on which it took effect or takes effect;
(d)state that any institution to which the requirement applies or the issuer of the financial instrument in question may make representations to the [F2FCA] within such period as may be specified by the notice (whether or not the institution or the issuer has referred the matter to the Tribunal);
(e)state the date on which the requirement took effect or takes effect; and
(f)state that any institution to which the requirement applies or the issuer of the financial instrument in question has a right to refer the matter to the Tribunal, 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)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(12)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F2Word in Pt. 18A substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 36(a), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F3Words in s. 313B(2) inserted (9.4.2010) by The Financial Services and Markets Act 2000 (Amendments to Part 18A etc.) Regulations 2010 (S.I. 2010/1193), reg. 3(2)(a)
F4Words in s. 313B(2) substituted (9.4.2010) by The Financial Services and Markets Act 2000 (Amendments to Part 18A etc.) Regulations 2010 (S.I. 2010/1193), reg. 3(2)(b)
F5Words in s. 313B(3) substituted (9.4.2010) by The Financial Services and Markets Act 2000 (Amendments to Part 18A etc.) Regulations 2010 (S.I. 2010/1193), reg. 3(3)
F6Word in Pt. 18A substituted (1.4.2013) by Financial Services Act 2012 (c. 21), ss. 36(b), 122(3) (with Sch. 20); S.I. 2013/423, art. 3, Sch.
F7S. 313B(3A) inserted (9.4.2010) by The Financial Services and Markets Act 2000 (Amendments to Part 18A etc.) Regulations 2010 (S.I. 2010/1193), reg. 3(4)
F8S. 313B(5)-(12) omitted (9.4.2010) by virtue of The Financial Services and Markets Act 2000 (Amendments to Part 18A etc.) Regulations 2010 (S.I. 2010/1193), reg. 3(5)