19.—(1) Part 26 M1 of the Act (notices) applies in respect of notices given under this Part by a regulator as it applies in respect of notices given by the FCA under the Act, but with the following modifications.
(2) In section 388 (decision notices)—
(a)in sub-paragraph (i) of paragraph (e) of subsection (1), the reference to the Act is to be read as if it is a reference to this Part;
(b)subsection (2) is to be ignored.
(3) In section 390 (notices given in accordance with a court direction)—
(a)in paragraph (a) of subsection (2A), references to section 133(6)(b) and 133(6) apply as if they are references to those provisions as applied by regulation 22;
(b)subsection (6) and (10) are to be ignored.
(4) Section 391 (publication of warning notices) applies as if—
(a)a notice given under regulation 10 is a supervisory notice;
(b)in subsection (6) the reference to the FCA is to be read as if it is a reference to a regulator;
(c)in subsection (8C) M2 the reference to the Act is to be read as if it is a reference to this Part.
(5) Section 392 is to be ignored.
(6) Section 393 (third party rights) and 394 (access to FCA or PRA material) apply to a warning notice or decision notice given in accordance with regulation 12(1), 17 or 18.
(7) Section 395 (the FCA and PRA's procedures) and 396 (statements under section 395: consultation) do not apply.
Marginal Citations
M1Part 26 was amended by paragraph 11 of Schedule 4 to the Regulation of Investigatory Powers Act 2000 (c.23), section 1268 of the Companies Act 2006 (c.46), section 13 and 24 of and paragraph 28 and 29 of Schedule 2 to the Financial Services Act 2010, section 17, 18, 19 and 24 of and paragraph 37 of Schedule 8, Schedule 9 and paragraph 8 of Schedule 13 to the Financial Services Act 2012, section 4 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013 (c.33), S.I. 2005/381, S.I. 2005/1433, S.I. 2007/126, S.I. 2007/1973, S.I. 2009/119, S.I. 2009/534, S.I. 2010/22, S.I. 2010/747, S.I. 2012/916, S.I. 2012/1538, S.I. 2013/1388, S.I. 2013/3115, S.I. 2014/2879, S.I. 2015/1755 and S.I. 2016/225.
M2Subsection (8C) is inserted by paragraph 1(4) of Schedule 1 to these Regulations.