Penalties for conduct for which the Regulator has given penalty decision: appeal of decision
53.—(1) This article applies where—
(a)the Regulator gave written notice to a person (“A”) under regulation 52 of the 2006 Regulations of a decision to require A to pay a penalty; 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 A before that date has not been determined.
(2) The Regulator’s notice is to be treated as a decision notice given by the FCA under section 208(1)(b) of the 2000 Act, and is to be read for this purpose—
(a)as if any reference to the Regulator were a reference to the FCA; and
(b)with any other necessary modifications.
(3) If, before 1st April 2019, A submitted notice of an appeal to the First-tier Tribunal under section 13 of the 2006 Act, section 208(4) of the 2000 Act(1) does not apply.
Section 208(4) was amended by the Financial Services Act 2012 (c. 21), section 37(1) and paragraphs 1 and 15 of Schedule 9 and the Financial Services Act 2010 (c. 28), section 24(1) and (2), and paragraphs 1 and 19(1) and (4).