The Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001
PART IGENERAL
1Citation and commencement
2Definitions
PART IIAUTHORISATIONS AND RESTRICTIONS UNDER OLD LAW
CHAPTER IAPPLICATIONS, NOTICES OF INTENTION TO REFUSE AND SURRENDERS OF AUTHORISATION
Applications
3Applications for authorisation
4Applications for variation or cancellation of suspension or restriction
Notices of intention to refuse applications for authorisation or variation of suspension
5Notice of intention to refuse application for authorisation or variation of suspension under the Financial Services Act
6Notice of intention to refuse application for authorisation under the Banking Act
7Notice of intention to refuse application for variation of limited prohibition under the 2BCD or ISD Regulations
Surrenders of authorisations
8Surrenders of authorisations
Determination of applications
9Procedure
CHAPTER IINOTICES TO WITHDRAW, SUSPEND OR RESTRICT AUTHORISATION
Notices under the Financial Services Act
10Notice of intention to withdraw or suspend authorisation under section 29 of the Financial Services Act: time for reference not expired
11Withdrawal or suspension of authorisation under section 29 of the Financial Services Act: time for reference expired
12Notice of intention to terminate or suspend authorisation under section 33 of the Financial Services Act: time for reference not expired
13Termination or suspension of authorisation under section 33 of the Financial Services Act: time for reference expired
Notices under the Banking Act
14Notices under the Banking Act
15Effect of Banking Act notices after commencement
16Decision notified under section 13(7) of the Banking Act
Notices under the Insurance Companies Act
17Notices under the Insurance Companies Act
18Effect of notices under the Insurance Companies Act after commencement
19Notice of grounds of unfitness of person under the Insurance Companies Act
Notices under the 2BCD Regulations and the ISD Regulations
20Notices under the ISD Regulations or the 2BCD Regulations
21Effect of notices under the ISD Regulations or the 2BCD Regulations after commencement
22Prohibition in relation to investment services under the ISD Regulations or the 2BCD Regulations: time for reference expired
23Alteration of restrictions imposed under 2BCD Regulations
24Notice by the Director General of Fair Trading of intention to impose a prohibition etc. under the ISD Regulations or 2BCD Regulations
PART IIIMUTUAL SOCIETIES
CHAPTER IPROCEDURES TAKING EFFECT AFTER COMMENCEMENT AS PROCEDURES UNDER THE ACT
25Interpretation
26Applications for authorisation
27Notice of intention to refuse application or to impose conditions
28Surrenders of authorisation
29Notice of intention to withdraw or revoke authorisation
30Mutual societies: notice of intention to impose conditions
31Notice of intention to give a direction under section 51 of Friendly Societies Act
32Proceedings under section 52A of the Friendly Societies Act
33Conditions imposed under section 42A of the Building Societies Act but not confirmed before commencement
34Notice of intention to give a direction under section 50 of the Building Societies Act
CHAPTER IIPROCEDURES TAKING EFFECT AFTER COMMENCEMENT AS PROCEDURES UNDER THE AMENDED BUILDING SOCIETIES ACT
35Interpretation
36Notice of proposed directions under section 36 of the Building Societies Act
37Prohibition orders under section 36A of the Building Societies Act
38Unconfirmed directions under section 42B of the Building Societies Act
PART IVCOLLECTIVE INVESTMENT SCHEMES
CHAPTER IAPPLICATIONS FOR AUTHORISATION ETC.
39Application for authorisation of unit trust scheme
40Notice of proposed alteration or change of trustee of unit trust scheme
41Notice of proposed change of manager of unit trust scheme
42Notice of intention to start marketing scheme constituted in another EEA State
43Notice by scheme authorised in a designated country or territory
44Applications by other overseas schemes for individual recognition
45Notice of proposed alterations in respect of an individually recognised scheme
CHAPTER IINOTICES OF REVOCATION OF AUTHORISATION OR RECOGNITION
46Notice of revocation of authorisation of unit trust scheme
47Cessation of recognition of scheme in designated country or territory
48Notice of revocation of recognition of individually recognised scheme
PART VOTHER PROCEDURES PENDING AT COMMENCEMENT
CHAPTER IAPPROVED PERSONS
49Applications for approval
50Notices under section 60 of the Insurance Companies Act
51Notices under section 61 of the Insurance Companies Act
52Insurance Companies Act: miscellaneous provisions
53Notices in respect of bank or investment firm partners
CHAPTER IIMISCELLANEOUS
54Public statements under section 60 of the Financial Services Act
55Disqualification directions
PART VIPROCEEDINGS OF RECOGNISED SELF-REGULATING ORGANISATIONS
CHAPTER IINCOMPLETE DISCIPLINARY PROCEEDINGS
56Interpretation
57Application of this Chapter
58Determination of incomplete disciplinary proceedings
59Test to be applied by interim tribunal
60Appropriate decisions on determination by interim tribunal
61Decisions taken by the Authority giving effect to interim tribunal directions
62Appeal from determination of interim tribunal
63Modification of Tribunal Rules
64Substitution of proceedings under the Act for proceedings before interim tribunal
65Service of warning or decision notice
CHAPTER IIEXPEDITED DECISION NOTICES, ETC.
General
66Conditions making it appropriate to give a decision notice without a warning notice
67Decision notices issued pursuant to this Chapter
Members of self-regulating organisations
68Public censure
69Financial penalty
70Power to order restitution
71Cancellation of Part IV permission
72Exercise of own initiative powers
Discipline of registered individuals or persons
73Public statement about registered person or individual
74Penalty imposed on registered person or individual
75Withdrawal of approval of registered person or individual
CHAPTER IIIINCOMPLETE APPEALS
76Definition of “disciplinary measure”
77Incomplete appeals against disciplinary measure
78Task of interim tribunal when determining an appeal against disciplinary measure
79Preservation of right of appeal against disciplinary measure
80Modification of Tribunal Rules
81Definition of “intervention measure”
82Intervention measure stayed before commencement
83Intervention measure not stayed before commencement
84Intervention measure against registered individual or person
85Summary fine imposed before commencement
CHAPTER IVTHE INTERIM TRIBUNAL
86President of the interim tribunal
87Constitution of the interim tribunal
88Power of the Authority to make arrangements for the interim tribunal
89Procedure of the interim tribunal
PART VIISUPPLEMENTAL
90Adaptation of dates and duration of periods in notices continued in effect
91Explanation of notices continued in effect
92Validity of notices continued in effect
93Effect of lapsed notices
94Right of third party to receive notice of post commencement decision
95Right of third party to refer matter to the Tribunal
PART VIIIPARTLY COMPLETED EXERCISE OF EEA RIGHTS
CHAPTER 1EEA FIRMS
96EEA firms seeking to establish a branch
97EEA firms seeking to provide services
98EC companies seeking to carry on reinsurance business
99Authority’s duties as respects incoming firms
CHAPTER IIUK FIRMS
100Establishment of a branch by UK firm
101Provision of services by UK firm
PART IXAPPEALS
CHAPTER IREFERENCES TO THE FINANCIAL SERVICES TRIBUNAL
102Interpretation
103Request for reference: further consideration by the Authority
104Effect of notification pursuant to article 103
105Transitional reference to Financial Services Tribunal
106Task of the Financial Services Tribunal on transitional reference
107Appropriate decisions on determination of transitional reference
108Modification of section 100 of Financial Services Act in relation to transitional reference
109Test to be applied by the Financial Services Tribunal
110Decisions taken by the Authority giving effect to Financial Services Tribunal recommendations
111Modification of Financial Services Tribunal Rules
CHAPTER IIAPPEALS TO THE BANKING APPEAL TRIBUNAL
112Preservation of right of appeal under the Banking Act
113Application of the Banking Act to transitional appeals
114Task of the banking appeal tribunal in relation to a transitional Banking Act appeal
115Decisions taken by the Authority giving effect to banking appeal tribunal determination
116Test to be applied by banking appeal tribunal
117Modifications to Banking Appeal Tribunal Regulations 1987
CHAPTER IIIAPPEALS TO FRIENDLY SOCIETIES ACT TRIBUNAL
118Interpretation
119Preservation of right of appeal under Friendly Societies Act
120Application of Friendly Societies Act to transitional appeals
121Task of friendly society tribunal in relation to a transitional friendly society appeal
122Decisions taken by the Authority giving effect to friendly society tribunal determinations
123Test to be applied by friendly society tribunal
124Modifications to Friendly Societies Appeal Tribunal Regulations 1993
CHAPTER IVAPPEALS TO BUILDING SOCIETIES ACT TRIBUNAL
125Interpretation
126Preservation of right of appeal under Building Societies Act
127Application of original Building Societies Act to transitional appeals
128Task of the building society tribunal in relation to a transitional building society appeal
129Decisions taken by the Authority giving effect to building society tribunal determinations
130Test to be applied by building society tribunal
131Modifications to Building Societies Appeal Tribunal Regulations 1987
SCHEDULEModification of the Financial Services and Markets Tribunal Rules
1In this Schedule— (a) “the Rules” means The Financial Services...
2The Tribunal may adapt the Rules when considering a reference...
3Where a matter is referred to the Tribunal under article...
4The references in the following rules to “the Authority notice”...
5In a reference where the applicant is the Authority, rule...
6In a case where the Authority is not the applicant...
7In a case where the Authority is the applicant—
8In a case where the Authority is the applicant, the...
9Rule 10(2) applies as if the words from “interests of...
10Rule 11 applies as if the reference to the referred...
11In a case where the Authority is the applicant, rule...
12The duties of the Authority to set out information under...
13Where a matter is referred to the Tribunal under article...
14The references in the following rules to “the Authority notice”...
15The references in the following rules to the “referred action”...
16The duties of the Authority to set out information under...
17Where a matter is referred to the Tribunal by a...
2001 No. 3592
FINANCIAL SERVICES AND MARKETS

The Financial Services and Markets Act 2000 (Transitional Provisions) (Partly Completed Procedures) Order 2001

Made
Laid before Parliament
Coming into force
The Treasury in exercise of their powers under sections 426 to 428 of the Financial Services and Markets Act 20001 hereby make the following Order—