C8C9C10C11C12C13C14C18C19C20C25C26C29C28C27C30C31C35C36C32C34C37C40C41C42C43C44C45C48C47C46C53C54 Part XXVI Notices

Annotations:
Modifications etc. (not altering text)
C8

Pt. 26 (ss. 387-396) applied (with modifications) (17.8.2001 for certain purposes otherwise 1.12.2001) by 1992 c. 40, s. 58A(6)(8) (as substituted (17.8.2001 for certain purposes otherwise 1.12.2001) by 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 75 (with art. 13(3), Sch.5)); S.I. 2001/3538, art. 2(1)

Pt. 26 (ss. 387-396) applied (with modifications) (17.8.2001 for certain purposes otherwise 1.12.2001) by 1992 c. 40, s. 85(4B) (as inserted (17.8.2001 for certain purposes otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. I para. 95 (with art. 13(3), Sch. 5)); S.I. 2001/3538, art. 2(1)

Pt. 26 (ss. 387-396) applied (with modifications) (17.8.2001 for certain purposes otherwise 1.12.2001) by 1992 c. 40, s. 36A(5C)(5D) (as substituted (17.8.2001 for certain purposes otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 142(c) (with art. 13(3), Sch. 5)); S.I. 2001/3538, art. 2(1)

Pt. 26 (ss. 387-396) applied (with modifications) (17.8.2001 for certain purposes otherwise 1.12.2001) by 1986 c. 53, s. 46A(6)(8) (as substituted (17.8.2001 for certain purposes otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 148 (with art. 13(3), Sch. 5)); S.I. 2001/3538, art. 2(1)

Pt. 26 (ss. 387-396) applied (with modifications) (17.8.2001 for certain purposes otherwise 1.12.2001) by 1986 c. 53, s. 93(6A) (as substituted (17.8.2001 for certain purposes otherwise 1.12.2001) by S.I. 2001/2617, arts. 2, 8, 13(1), Sch. 3 Pt. II para. 177(d) (with art. 13(3), Sch. 5)); S.I. 2001/3538, art. 2

C11

Pt. 26 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 19, Sch. para. 5

C12

Pt. 26 applied (with modifications) (7.6.2010) by The Credit Rating Agencies Regulations 2010 (S.I. 2010/906), reg. 30

C13

Pt. 26 applied (with modifications) (9.2.2011 for certain purposes and 30.4.2011 otherwise) by The Electronic Money Regulations 2011 (S.I. 2011/99), regs. 1(2)(a)(xiv)(b), 62, Sch. 3 para. 8 (with reg. 3) (as amended (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 196(5)(h))

C20

Pt. 26 applied (with modifications) (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services Act 2012 (Consumer Credit) Order 2013 (S.I. 2013/1882), arts. 1(1), 3(11)

C25

Pt. 26 applied (with modifications) (12.12.2014) by The Immigration Act 2014 (Bank Accounts) Regulations 2014 (S.I. 2014/3085), regs. 1, 29

C29

Pt. 26 applied (20.4.2015 for specified purposes, 21.12.2015 for specified purposes, 21.3.2016 in so far as not already in force) by The Mortgage Credit Directive Order 2015 (S.I. 2015/910), arts. 1(5), 24(2) (with Pt. 4)

C31

Pt. 26 applied (with modifications) (18.9.2016) by The Payment Accounts Regulations 2015 (S.I. 2015/2038), reg. 1(2)(b), Sch. 7 para. 4

C35

Pt. 26 modified (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 1 para. 22 (with reg. 7)

C36

Pt. 26 applied (with modifications) (3.7.2017 for specified purposes, 3.1.2018 in so far as not already in force, 3.1.2018 in so far as not already in force) by The Data Reporting Services Regulations 2017 (S.I. 2017/699), regs. 1(2)(a)(b), 37

C32

Pt. 26 applied (with modifications) (13.10.2017) by The Payment Services Regulations 2017 (S.I. 2017/752), reg. 1(3)(c), Sch. 6 para. 10 (with reg. 3)

C40

Pt. 26 applied (with modifications) (1.1.2019) by The Securitisation Regulations 2018 (S.I. 2018/1288), reg. 1, Sch. 1 para. 7 (with Sch. 1 paras. 13, 14)

C44

Pt. 26 applied (with modifications) (10.6.2019) by The Proxy Advisors (Shareholders Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 20, 26 (as amended by S.I. 2020/628, regs. 1(4), 15(6))

C53

Pt. 26 applied in part (with modifications) (30.1.2024 for specified purposes) by The Securitisation Regulations 2024 (S.I. 2024/102), reg. 2(1)(e)(2), Sch. 1 para. 12 (with reg. 52(3), Sch. 3)

Publication

C1C2C16C15C24C33C49C51391 Publication.

F51

In the case of a warning notice falling within subsection (1ZB)—

a

neither the regulator giving the notice nor a person to whom it is given or copied may publish the notice,

b

a person to whom the notice is given or copied may not publish any details concerning the notice unless the regulator giving the notice has published those details, and

C17c

after consulting the persons to whom the notice is given or copied, the regulator giving the notice may publish such information about the matter to which the notice relates as it considers appropriate.

1ZA

In the case of a warning notice not falling within subsection (1ZB), neither the regulator giving the notice nor a person to whom it is given or copied may publish the notice or any details concerning it.

1ZB

A warning notice falls within this subsection if it is given under—

a

section 63B;

b

section 67;

c

F46section 87M;

d

section 88B;

e

section 89K;

f

section 89R;

g

section 92;

h

section 126;

i

section 131H;

F23ia

section 142N;

F38ib

section 143T;

ic

section 143X;

j

section 192L;

k

section 207;

F39ka

section 309V;

kb

section 309Z4;

l

section 312G;

F40la

section 312S;

m

section 345B (whether as a result of section 345(2) or 345A(3) or section 249(1) F13or 261K(1)).

F47n

 regulation 41(1) of the Public Offers and Admissions to Trading Regulations 2024.

F11A

A person to whom a decision notice is given or copied may not publish the notice or any details concerning it unless the F12regulator giving the notice has published the notice or those details.

2

A notice of discontinuance must state that, if the person to whom the notice is given consents, the F9regulator giving the notice may publish such information as it considers appropriate about the matter to which the discontinued proceedings related.

3

A copy of a notice of discontinuance must be accompanied by a statement that, if the person to whom the notice is copied consents, the F10regulator giving the notice may publish such information as it considers appropriate about the matter to which the discontinued proceedings related, so far as relevant to that person.

C3C44

F6The regulator giving a decision or final notice must publish such information about the matter to which F7the notice relates as it considers appropriate.

F144A

Subsection (4) is subject to F16sections 391A F17, 391B F21, 391C F25391D, 391E and 391F.

5

When a supervisory notice takes effect, the F11regulator giving the notice must publish such information about the matter to which the notice relates as it considers appropriate.

F35A

Subsection (5) does not apply in relation to a notice given in accordance with section 137S(5) or (8)(a) (but see section 137S(11)).

F46

The FCA may not publish information under this section if, in its opinion, publication of the information would be—

a

unfair to the person with respect to whom the action was taken (or was proposed to be taken),

C21b

prejudicial to the interests of consumers, or

c

detrimental to the stability of the UK financial system.

6A

The PRA may not publish information under this section if, in its opinion, publication of the information would be—

a

unfair to the person with respect to whom the action was taken (or was proposed to be taken),

b

prejudicial to the safety and soundness of PRA-authorised persons, or

c

in a case where section 2C applies, prejudicial to securing the appropriate degree of protection for policyholders.

C37

Information is to be published under this section in such manner as the F8regulator considers appropriate.

F267A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F267B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C5C23C22C38C39C50C528

For the purposes of determining when a supervisory notice takes effect, a matter to which the notice relates is open to review if—

C6a

the period during which any person may refer the matter to the Tribunal is still running;

C6b

the matter has been referred to the Tribunal but has not been dealt with;

C6c

the matter has been referred to the Tribunal and dealt with but the period during which an appeal may be brought against the Tribunal’s decision is still running; or

C6d

such an appeal has been brought but has not been determined.

F158A

Where a decision notice or final notice relates to any decision or action under a provision of this Act in relation to the contravention of a F27CSD requirement, this section has effect subject to Article 62 of the CSD regulation (publication of decisions).

F288AA

A “CSD requirement” is a requirement imposed by—

a

the CSD regulation,

b

any EU regulation, originally made under the CSD regulation, which is F41assimilated direct legislation, or

c

any subordinate legislation (within the meaning of the Interpretation Act 1978) made under the CSD regulation on or after IP completion day.

F188B

Where a decision notice or final notice relates to any decision or action under a provision of this Act in relation to the contravention of a F29market abuse requirement, this section has effect subject to Article 34 of the market abuse regulation (publication of decisions).

F308BA

A “market abuse requirement” is a requirement imposed by—

a

the market abuse regulation,

b

any EU regulation, originally made under the market abuse regulation, which is F42assimilated direct legislation, or

c

any subordinate legislation (within the meaning of the Interpretation Act 1978) made under the market abuse regulation on or after IP completion day.

F198C

Where a decision notice, final notice or supervisory notice relates to any decision or action under a provision of this Act in relation to the contravention of a requirement imposed by or under Article 4 or 15 of the SFT regulation, this section has effect subject to Article 26 of the SFT regulation (publication of decisions).

F208D

Where a decision notice, final notice or supervisory notice relates to any decision or action under a provision of this Act in relation to the contravention of a requirement imposed by—

a

Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (the “PRIIPs regulation”), F31...

b

any F32EU regulation, originally made under the PRIIPs regulation, F33which is F43assimilated direct legislation,F34or

c

any subordinate legislation (within the meaning of the Interpretation Act 1978) made under the PRIIPs regulation on or after IP completion day,

this section has effect subject to Article 29 of the PRIIPs regulation (publication of decisions).

F228E

Where a decision notice or final notice relates to any decision or action under a provision of this Act in relation to the contravention of a requirement F35imposed by—

a

the EU Benchmarks Regulation 2016,

b

any EU regulation, originally made under the EU Benchmarks Regulation 2016, which is F44assimilated direct legislation, or

c

any subordinate legislation (within the meaning of the Interpretation Act 1978) made under the EU Benchmarks Regulation on or after IP completion day,

this section has effect subject to Article 45 of the EU Benchmarks Regulation 2016 (publication of decisions).

F368F

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F248G

F48Where a decision notice or final notice relates to any decision or action under a provision of this Act in relation to the contravention of a requirement F37imposed by—

a

the prospectus regulation,

b

any EU regulation, originally made under the prospectus regulation, which is F45assimilated law, or

c

any subordinate legislation (within the meaning of the Interpretation Act 1978) made under the prospectus regulation on or after IP completion day,

this section has effect subject to Article 42 of the prospectus regulation (publication of decisions).

9

“Notice of discontinuance” means a notice given under section 389.

10

“Supervisory notice” has the same meaning as in section 395.

C7F211

Section 425A (meaning of “consumers”) applies for the purposes of this section.