6. In article 4(4A)(b) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 M1 (specified activities: general) for “and 67” substitute “ , 67 and 72AA ”.
Marginal Citations
M1S.I. 2001/544, amended by S.I. 2003/1476. There are other amending instruments but none is relevant here.
7.—(1) This article applies where a person has made an application for a Part 4A permission to carry on an activity of the kind specified by article 51ZA or article 51ZC of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, or for a variation of the person's Part 4A permission by the addition of such an activity.
(2) The person may give notice in writing to the FCA that the person intends to carry on an activity of the kind mentioned in article 4(4A)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 in connection with or for the purposes of the activity mentioned in paragraph (1) in respect of which the application was made.
(3) Notice under paragraph (2) must—
(a)be given so that it is received by the FCA before [F122nd July] 2014; and
(b)state the regulated activities for which the person will require permission in respect of the activity to which the notification relates after the coming into force of article 6.
(4) Paragraph (5) applies if, at the time that the FCA receives the notice—
(a)the application has been granted; and
(b)the FCA has not imposed a requirement on the person to refrain from carrying on an activity to which the notification relates.
(5) The person is to be treated as if the FCA had given the person a Part 4A permission to carry on the regulated activities stated in the notice, or varied the person's Part 4A permission by the addition of those regulated activities, on the later of—
(a)the date on which the permission or variation of permission for which the person applied has effect, or
(b)[F222nd July] 2014.
(6) If, at the time that the FCA receives the notice, the application has not been determined, the application is to be treated as including an application for a Part 4A permission for the regulated activities stated in the notice, or for a variation of the person's Part 4A permission by the addition of such regulated activities.
Textual Amendments
F1Words in art. 7(3)(a) substituted (31.5.2014) by the Alternative Investment Fund Managers (Amendment) Order 2014 (S.I. 2014/1313), arts. 1, 2(b)
F2Words in art. 7(5)(b) substituted (31.5.2014) by the Alternative Investment Fund Managers (Amendment) Order 2014 (S.I. 2014/1313), arts. 1, 2(b)