C1Part V Performance of Regulated Activities

Annotations:
Modifications etc. (not altering text)
C1

Pt. V (ss. 56-71) modified (1.12.2001) by S.I. 2001/3592, arts. 1(2), 114(3)(a), 128(3)(a) (with art. 23(2))

F1Performance of controlled functions without approval

Annotations:
Amendments (Textual)
F1

Ss. 63A-63D and preceding cross-heading inserted (8.6.2010) by Financial Services Act 2010 (c. 28), ss. 11, 26(2)(b)

63APower to impose penalties

1

If the Authority is satisfied that—

a

a person (“P”) has at any time performed a controlled function without approval, and

b

at that time P knew, or could reasonably be expected to have known, that P was performing a controlled function without approval,

it may impose a penalty on P of such amount as it considers appropriate.

2

For the purposes of this section P performs a controlled function without approval at any time if at that time—

a

P performs a controlled function under an arrangement entered into by an authorised person (“A”), or by a contractor of A, in relation to the carrying on by A of a regulated activity; and

b

the performance by P of the function was not approved under section 59.

3

The Authority may not impose a penalty under this section after the end of the limitation period unless, before the end of that period, it has given a warning notice to the person concerned under section 63B(1).

4

The limitation period” means the period of three years beginning with the first day on which the Authority knew that the person concerned had performed a controlled function without approval.

5

For this purpose the Authority is to be treated as knowing that a person has performed a controlled function without approval if it has information from which that can reasonably be inferred.

6

Any expression which is used both in this section and section 59 has the same meaning in this section as in that section.