Variation of authorisation by the Regulator: appeal of decision
44.—(1) This article applies where—
(a)the Regulator gave written notice to a relevant person (“B”) under regulation 47(1) of the 2006 Regulations of a decision to vary B’s authorisation; and
(b)on 1st April 2019—
(i)the period within which an appeal relating to that decision may be made has not ended; or
(ii)an appeal submitted to the First-tier Tribunal by B before that date has not been determined.
(2) The Regulator’s notice is to be treated as written notice given by the FCA under section 55Y(7) of the 2000 Act, and for this purpose—
(a)it is immaterial that the notice does not comply with subsection (9) of that section; and
(b)the notice is to be read—
(i)as if a reference to the Regulator were a reference to the FCA; and
(ii)with any other necessary modifications.
(3) If, before 1st April 2019, B submitted notice of an appeal to the First-tier Tribunal under section 13 of the 2006 Act in respect of the Regulator’s decision, section 55Z3(1) of the 2000 Act does not apply.