The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2015

Prospective

Application of the Act to persons with interim permissionU.K.

This section has no associated Explanatory Memorandum

7.—(1) This article applies to every person with an interim permission under article 5(2) of this Order.

(2) A person with an interim permission is to be treated as an authorised person for the purposes of the Act (and any provision made under the Act), unless otherwise expressly provided for by this article.

(3) For the purpose of section 20(1) of the Act (authorised person acting without permission), a person’s interim permission is treated as having been given to that person under Part 4A of the Act.

(4) For the purpose of section 55L(1)(2) of the Act (imposition of requirements by FCA), a person who obtains interim permission by virtue of this Order is treated as having applied to the FCA for a Part 4A permission or variation of a Part 4A permission.

(5) For the purpose of section 55L(2) of the Act, a person’s interim permission is treated as having been given to that person by the FCA.

(6) A person’s interim permission is to be disregarded for the purposes of the following sections of the Act—

(a)section 38(2)(3) (exemption orders);

(b)section 55A(3)(4) (application for permission);

(c)section 55E(5) (giving permission: the FCA); and

(d)section 55F(6) (giving permission: the PRA).

Commencement Information

I1Art. 7 in force at 1.4.2015, see art. 1

(1)

Inserted by the Financial Services Act 2012, Schedule 9(2) paragraphs 2(2)(a), (b), (c), 2(3), 2(4), 2(5), 2(6).

(2)

Inserted by the Financial Services Act 2012, section 11(2)

(3)

Inserted by the Financial Services Act 2012, section 114(1), Schedule 18, Pt 1, paragraphs 1, 4.

(4)

Inserted by the Financial Services Act 2012, section 11(2).

(5)

Inserted by the Financial Services Act 2012, section 11(2).

(6)

Inserted by the Financial Services Act 2012, section 11(2).