F1PART 6References to the Tribunal
References to the Tribunal5L
1
Paragraph (2) applies where the Bank or FCA takes a decision—
a
to refuse an application under Article 19(1) of the CSD regulation;
b
to require a recognised CSD to discontinue a CSD link in accordance with Article 19(7) of that regulation;
c
to withdraw authorisation for a service, activity or financial instrument in accordance with Article 20(4) of that regulation;
F2d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
to refuse an application for authorisation under Article 30(4) of that regulation (outsourcing);
f
in relation to a complaint under Article 33(3) of that regulation (requirements for participation);
g
to refuse an application for authorisation under Article 48(2) of that regulation (CSD links);
h
in relation to a complaint under Article 49(4) of that regulation (freedom to issue in a F3CSD or third-country CSD);
i
in relation to a complaint under Article 52(2) of that regulation (procedure for CSD links);
j
in relation to a complaint under Article 53(3) of that regulation (access between a CSD F4or third-country CSD and another market infrastructure);
k
to refuse an application by a CSD for authorisation to designate a credit institution or to provide banking-type ancillary services listed in or permitted under Section C of the Annex to that regulation under Article F555(3) of that regulation (procedure for granting and refusing authorisation to provide banking-type ancillary services);
l
to refuse an application by a recognised CSD for an extension of banking-type ancillary services listed in or permitted under Section C of the Annex to that regulation (including services to be provided by a designated credit institution) under Article F655(3) of that regulation as applied by Article 56(2) of that regulation (extension of banking-type ancillary services);
m
to withdraw, wholly or partly, a recognised CSD’s authorisation to designate a credit institution or to provide banking-type ancillary services listed in or permitted under Section C of the Annex to the CSD regulation under Article 57 of that regulation (withdrawal of authorisation).
2
The following persons may refer the matter to the Tribunal—
a
in the case of any decision mentioned in paragraph (1), the CSD to which the decision relates,
b
in the case of a decision mentioned in paragraph (1)(f), (h) or (i), the complainant, and
c
in the case of a decision mentioned in paragraph (1)(j), the CCP and the trading venue.
3
Part 9 of the Act (hearings and appeals) applies to references to the Tribunal under this regulation as it applies to references to the Tribunal under the Act.
Pts. 4-8 and Pt. 9 heading inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 5(9) (with regs. 7(4), 9(1))