Consultation in relation to certain enforcement actionU.K.
45.—(1) The FCA must consult the PRA before giving a warning notice under regulation 43(1)(a), (b), (c), (e) or (f) or a decision notice under regulation 44(1)(a) (b), (c), (e) or (f) in relation to a person who—
(a)is a PRA-authorised person, or
(b)has a qualifying relationship with a PRA-authorised person.
(2) The FCA must consult the PRA before giving a warning notice under regulation 43(1)(d) or a decision notice under regulation 44(1)(d) if as a result of the prohibition in question an individual would be prohibited from performing a management function in relation to a PRA-authorised person.
(3) The PRA must consult the FCA before giving a warning notice under regulation 43(2).
(4) A person has a qualifying relationship with a PRA-authorised person for the purposes of this regulation if the person is a member of the PRA-authorised person’s immediate group.
(5) In this regulation “immediate group” has the meaning given in section 421ZA of FSMA 2000(1).
Commencement Information
I1Reg. 45 in force at 30.1.2024 for specified purposes and 1.11.2024 (the main commencement day) in so far as not already in force, see reg. 2(1)(e)(2)
Section 421ZA was inserted by section 48(2) of the Financial Services Act 2012.