PART 8Permissions under the CRR

Meaning of “permission” and “protected item” in this Part39

F41

In this Part—

  • permission” means a decision made by F6the PRA in relation to an institution under a power conferred on F7the PRA by—

    1. a

      the capital requirements regulation; F2...

    2. aa

      F5section 144G of FSMA and CRR rules (as defined in Part 9D of FSMA);

    3. ab

      section 192XC of FSMA and section 192XA rules (as defined in Part 12B of FSMA);

    4. b

      F3any of the Specified EU Regulations under the Capital Requirements Regulation, as amended from time to time; or

    5. c

      F1a technical standard made by the PRA F8... under the functions conferred on them by the Capital Requirements Regulation as amended by Part 4, Chapter 3 of the Capital Requirements (Amendment) (EU Exit) Regulations 2018.

  • protected item” has the same meaning as in section 413 of FSMA.

F92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for permissions: process, information and documents40

1

This regulation applies to an application to the F10PRA for—

a

the grant of a permission;

b

an amendment to an existing permission;

c

an amendment to a condition to which an existing permission is subject.

2

An application must—

a

be made in such manner as the F10PRA may direct; and

b

contain, or be accompanied by, such other information or documents as the F10PRA may reasonably require.

3

At any time after receiving the application and before determining it, the F10PRA may require the applicant to provide it with such further information or documents as it may reasonably require.

4

The F10PRA may require any information provided under this regulation to be provided in such form and verified in such manner as it may reasonably require.

5

The F10PRA may require any documents provided under this regulation to be produced at such place and authenticated in such manner as it may reasonably require.

6

Different directions may be given, and different requirements imposed, in relation to different applications or categories of application.

7

The powers conferred on the F10PRA by this regulation may not be used to require the production of a protected item.

Decisions: written notices41

1

On determining an application for the grant of a permission, the F14PRA must give the applicant a written notice stating—

a

its decision; and

b

if the permission is granted, any conditions to which the permission is subject and the date on which the permission takes effect.

2

Where the F14PRA varies or revokes a permission, it must give the institution concerned a written notice stating—

a

that the permission is varied or revoked; and

b

the date on which the variation or revocation takes effect.

3

Where the F14PRA amends a condition to which a permission is subject, it must give the institution concerned a written notice stating—

a

the amended condition; and

b

the date on which the amendment takes effect.

Appeals42

1

Where an applicant is aggrieved at the determination of an application for the grant of a permission, it may refer the matter to the Tribunal.

2

Where an institution has been granted a permission and is aggrieved at the variation or revocation of the permission or the amendment of a condition to which the permission is subject, it may refer the matter to the Tribunal.

3

Part 9 of FSMA (hearings and appeals) applies to a reference to the Tribunal under this regulation as it applies to a reference to the Tribunal under an Act.

Publication of written notices43

1

Subject to paragraph (2), the F11PRA must publish a relevant notice in the way appearing to F13the PRA to be best calculated for bringing it to the attention of—

a

persons likely to be affected by it; and

b

persons who are, in the opinion of F13the PRA , likely to make an application for a similar permission.

2

Paragraph (1) does not apply if—

a

the relevant notice relates to an application for a permission which has been refused; or

b

F13the PRA is satisfied that it is inappropriate or unnecessary to publish the relevant notice.

3

In deciding whether it is satisfied of the matters mentioned in paragraph (2)(b), F13the PRA must consider whether—

a

publication would prejudice, to an unreasonable degree, the commercial interests of the person concerned or any other member of the person's immediate group;

b

publication of the relevant notice without mentioning the identity of the person concerned might avoid any adverse consequence of publication.

4

In this regulation, “relevant notice” means a written notice—

a

given under regulation 41 in relation to a decision of F12the PRA; or

b

stating that an event referred to in paragraph (5) has occurred in relation to that decision.

5

The events mentioned in paragraph (4)(b) are—

a

the decision has been referred to the Tribunal;

b

the decision has been suspended by the Tribunal;

c

any suspension of the decision has been revoked by the Tribunal;

d

the reference has been dismissed by the Tribunal.

Transitional provision for matters done before commencement44

1

This regulation applies to a decision made before 1st January 2014 to—

a

refuse an application for the grant of a permission;

b

vary or revoke a permission; or

c

amend a condition to which a permission is subject.

2

Regulations 40 to 43 apply to such a decision with the following modifications—

a

omit regulation 40;

b

the appropriate regulator must comply with the requirements of regulations 41 and 43 in relation to the decision no later than 1st January 2014; and

c

regulation 42 applies to the decision, but with the period of time within which a reference may be made to the Tribunal commencing on 1st January 2014.