The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019, Section 66 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
66.—(1) If, having considered any representations made in response to the warning notice, the FCA decides to—
(a)publish a statement under regulation 67 (whether or not in the terms proposed); or
(b)impose a penalty under regulation 68 (whether or not of the amount proposed);
it must without delay give the trade repository concerned a decision notice.
(2) In case of a statement, the decision notice must set out the terms of the statement.
(3) In the case of a penalty, the decision notice must state the amount of the penalty.
(4) If the FCA decides to —
(a)publish a statement in respect of a trade repository under regulation 67; or
(b)impose a penalty on a trade repository under regulation 68;
the trade repository may refer the matter to the Tribunal.
(5) After a statement under regulation 67 is published, the FCA must send a copy of it to the trade repository concerned and to any person to whom a copy of the decision notice was given under section 393(4) of the FSMA (third party rights) (as applied by regulation 76).
Modifications etc. (not altering text)
C1Pt. 4 applied (with modifications) (31.12.2020) by Regulation (EU) No. 2017/2402, Art. 15(2)(3) (as substituted by The Securitisation (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/660), regs. 1(2), 15 (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1))
Commencement Information
I1Reg. 66 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
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