PART 3Transitional provisions

CHAPTER 2Authorisation and regulation of 2006 Act authorised persons

Proposal by the Regulator to vary authorisation: determination by the FCA

43.—(1) This article applies where the Regulator—

(a)gave written notice to a relevant person (“A”) under regulation 46(4) of the 2006 Regulations (cancellation, suspension and variation of authorisations) that the Regulator proposed to vary A’s authorisation; and

(b)did not, on or before 1st April 2019, give written notice under regulation 47(1) of the 2006 Regulations (procedure for cancellation etc) of a decision to vary A’s authorisation.

(2) The Regulator’s notice is to be treated as written notice given by the FCA under section 55Y(4) of the 2000 Act(1), and for this purpose—

(a)subsection (2) of that section does not apply to the notice;

(b)the notice is taken to comply with subsection (5) of that section;

(c)the notice is to be read—

(i)as if the period specified in it for making a written submission (including any further period allowed under regulation 46(5) of the 2006 Regulations) were the period for making representations specified in accordance with section 55Y(5)(c) of the 2000 Act;

(ii)as if a reference to the Regulator were a reference to the FCA; and

(iii)with any other necessary modifications.

(1)

Section 55Y was inserted by the Financial Services Act 2012, section 11(2).