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The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013
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Changes over time for: Section 45
Version Superseded: 01/04/2014
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- 26/07/2013- Amendment
- 30/03/2014
Point in time - 01/04/2014- Amendment
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The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013, Section 45 is up to date with all changes known to be in force on or before 21 February 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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Civil penalties – where determination made but appeal period has not endedU.K.
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45.—(1) Paragraphs (2) to (5) apply if, before 1st April 2014—
(a)the OFT had given A a penalty notice under section 39A of the 1974 Act, and
(b)the appeal period in relation to that notice had not expired.
(2) The notice is to be treated as a decision notice given by the FCA to A under section 208(1)(b) of the Act M1 (except for the purposes of section 210 which does not apply).
(3) But if A has, 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 208(4) of the Act (right to refer matters to the Tribunal) does not apply.
(4) The notice has effect subject to any necessary modifications.
(5) For the purposes of this article, each reference in Part 14 of the Act (disciplinary measures) and any provision made under Part 14 of the Act to an “authorised person” is to be treated as including a reference to A.
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M1Amended by the Financial Services Act 2010, Schedule 2, paragraphs 1 and 19, and the Financial Services Act 2012, Schedule 9, paragraphs 1 and 15.
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