Part V Performance of Regulated Activities

Approval

63 Withdrawal of approval.

F1(1)

The FCA may withdraw an approval under section 59 given by the FCA or the PRA in relation to the performance by a person of a function if the FCA considers that the person is not a fit and proper person to perform the function.

(1A)

The PRA may withdraw an approval under section 59 in relation to the performance by a person (“A”) of a function if—

(a)

the PRA gave the approval, or the FCA gave the approval and the function is a F2relevant senior management function performed in relation to the carrying on by a PRA-authorised person of a regulated activity, and

(b)

the PRA considers that A is not a fit and proper person to perform the function.

F3(1B)

In subsection (1A) “relevant senior management function” means a function which the PRA is satisfied is a senior management function as defined in section 59ZA (whether or not the function has been designated as such by the FCA).

(1C)

Before one regulator withdraws an approval given by the other regulator, it must consult the other regulator.

(2)

When considering whether to withdraw F4an approval, the FCA or the PRA may take into account any matter which could be taken into account in considering an application made under section 60 in respect of the performance of the function to which the approval relates F5(on the assumption, if it is not the case, that the application was one falling to be considered by it).

F6(2A)

At least once a year each F7relevant authorised person must, in relation to every person in relation to whom an approval has been given on the application of the authorised person—

(a)

consider whether there are any grounds on which a regulator could withdraw the approval under this section, and

(b)

if the authorised person is of the opinion that there are such grounds, notify the regulator of those grounds.

F8(For the meaning of “relevant authorised person”, see section 71A.)

(3)

If F9a regulator proposes to withdraw F10an approval, it must give each of the interested parties a warning notice.

(4)

If F9a regulator decides to withdraw F10an approval, it must give each of the interested parties a decision notice.

(5)

If F9a regulator decides to withdraw F10an approval, each of the interested parties may refer the matter to the Tribunal.

(6)

“The interested parties”, in relation to an approval, are—

(a)

the person on whose application it was given (“A”);

(b)

the person in respect of whom it was given (“B”); and

(c)

the person by whom B’s services are retained, if not A.