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The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013
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Variation of licence at request of licensee where determination has been made but appeal period has not ended
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34.—(1) Paragraphs (2) to (4) apply if, before 1st April 2014—
(a)the OFT had given notice to a person (“A”) of its decision to refuse to vary a standard licence in accordance with an application made by A,
(b)the appeal period in relation to that determination had not ended, and
A is a relevant person.
(2) The notice is to be treated as a decision notice under section 55X(4) of the Act of the decision of the appropriate regulator to refuse A’s application to vary A’s Part 4A permission.
(3) But if A had, before 1st April 2014, submitted a notice of appeal to the First-tier Tribunal under section 41 of the 1974 Act (appeals to First-tier Tribunal under Part 3), section 55Z3 of the Act (right to refer matters to the Tribunal) does not apply.
(4) The notice has effect subject to any necessary modifications.
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