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The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013
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The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013, Section 36 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- Order revoked by 2023 c. 29 Sch. 1 Pt. 2
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- Order revoked by 2023 c. 29 Sch. 1 Pt. 2
Compulsory variation of a licence where determination to vary made before 1st April 2014U.K.
This section has no associated Explanatory Memorandum
36.—(1) Paragraphs (2) to (4) apply if, before 1st April 2014—
(a)the OFT had given notice of its determination under section 31 of the 1974 Act M1 to vary the terms of the licence of a person (“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 written notice given under section 55Y(7) of the Act by the FCA of its decision to vary A's Part 4A permission (except for subsection (9) of section 55Y which does not apply).
(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.
Marginal Citations
M1Section 31 was amended by the Enterprise Act 2002, Schedule 25, paragraph 6(13), and the Consumer Credit Act 2006, sections 31(2) to (4), 32(4) and 34(4) and (5).
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