PART 2FCA powers over Miscellaneous BM persons

FCA’s power to impose requirements6

1

The FCA may exercise its power under paragraph (2) in relation to a Miscellaneous BM person if it appears to the FCA that—

a

the Miscellaneous BM person has contravened or is likely to contravene a relevant requirement;

b

it is desirable for the FCA to exercise its powers in order to advance any of its operational objectives; or

c

it is desirable for the FCA to exercise its powers order to facilitate the performance of its functions under the EU Benchmarks Regulation 2016.

2

The FCA’s power under this paragraph is a power to—

a

impose a requirement that the FCA considers appropriate;

b

vary a requirement already imposed under this paragraph; or

c

cancel such a requirement.

3

The FCA may, on the application of the Miscellaneous BM person—

a

impose a requirement that the FCA considers appropriate;

b

vary a requirement already imposed by the FCA; or

c

cancel such a requirement.

4

The FCA may refuse an application under paragraph (3) if it appears to the FCA that—

a

the Miscellaneous BM person has contravened or is likely to contravene a relevant requirement;

b

it is desirable to do so in order to advance any of the FCA’s operational objectives; or

c

it is desirable to do so in order to facilitate the performance of the FCA’s functions under the EU Benchmarks Regulation 2016.

5

Where the FCA refuses an application under paragraph (3), section 55X of the Act (determination of applications: warning notices and decision notices) applies as if—

a

the reference in section 55X(2) to “an application made under this Part” included applications made under paragraph (3) of this regulation;

b

the reference to section 55X(4) to “an application under this Part” included applications made under paragraph (3) of this regulation; and

c

each reference to a “regulator” were a reference to the FCA.

6

Where the FCA proposes to impose or vary a requirement or imposes or varies a requirement under paragraph (2), section 55Y of the Act11 (exercise of own-initiative power: procedure) applies as if—

a

each reference to either regulator’s own-initiative requirement power were a reference to the FCA’s power to impose a requirement under this regulation;

b

each reference to the regulator were a reference to the FCA, and each reference to either regulator were a reference to the FCA only;

c

each reference to an authorised person were a reference to a Miscellaneous BM person;

d

each reference to a variation of permission, or the imposition or variation of a requirement, were a reference to a restriction imposed on a Miscellaneous BM person under paragraph (2); and

e

the reference in subsection (12)12 to section 391(8) were a reference to section 391(8) as applied by these Regulations.