Warning notices and decision noticesU.K.
This section has no associated Explanatory Memorandum
8. Part 26 of the 2000 Act (notices) applies with the following modifications—
[(za)in section 387 (warning notices), omit subsections (1A) and (3A);]
(a)in section 388 (decision notices), [omit subsections (1A) and (2)];
(b)in section 390 (final notices)—
(i)omit subsections (6) and (10); and
(ii)in subsection (8) omit “or (6)(c)”;
(c)in section 391 (publication)—
[(iza)for subsection (1ZB) substitute—
“(1ZB) A warning notice falls within this subsection if it is given under—
(a)section 67;
(b)section 345B;
(c)regulation 10 of the Electronic Money Regulations 2011 (including regulation 10 as applied by regulation 15 of those Regulations);
(d)regulation 29 of those Regulations;
(e)regulation 35 of those Regulations;
(f)regulation 53 of those Regulations; or
(g)regulation 56 of those Regulations.”;
(izb)omit subsection (6A);]
(i)in subsection (10) for “has the same meaning as in section 395” substitute “ means a notice given under regulation 11(6), (9) or (10)(b) (including as applied by regulation 15) of [, or paragraph 4 of Schedule 4A to,] the Electronic Money Regulations 2011 ”; and
(ii)omit subsection (11).
(d)for section 392 (application of sections 393 and 394) substitute—
Sections 393 and 394 apply to—
(a)a warning notice given in accordance with regulations 10(4) (including as applied by regulation 15), 29(2) (in relation to the cancellation of a registration), 35(2), 53(1) or 56(1) of the Electronic Money Regulations 2011;
(b)a decision notice given in accordance with regulations 10(5)(a) (including as applied by regulation 15), 29(3)(a) (in relation to the cancellation of a registration), 35(3)(a), 53(3) or 56(3) of the Electronic Money Regulations 2011.”; and
(e)in section 395 [(the FCA’s and PRA’s procedures)] in subsection (13) for “in accordance with” to the end substitute “ under regulation 11(6), (9) or (10)(b) (including as applied by regulation 15) of [, or paragraph 4 of Schedule 2A to,] the Electronic Money Regulations 2011. ”.
Textual Amendments
Marginal Citations