SCHEDULE 1Amendment, or application with modifications, of provisions of FSMA 2000 and secondary legislation made under it

PART 2Application with modifications of provisions of FSMA 2000 and secondary legislation

Hearings and appeals

8.

(1)

Part 9 of FSMA 2000 (hearings and appeals) applies in respect of references made to the Tribunal under these Regulations as it applies in respect of references made to the Tribunal under FSMA 2000 in respect of a decision of the FCA or the PRA, but with the modifications set out in sub-paragraphs (2) and (3).

(2)

Section 133 of FSMA 200050 (proceedings before Tribunal: general provision) is to be read as if—

(a)

in subsection (1), the words “(whether made under this or any other Act)” were omitted, and

(b)

for subsection (7A) there were substituted—

“(7A)

A reference is a “disciplinary reference” for the purposes of this section if it is in respect of a decision to—

(a)

impose a temporary prohibition under regulation 37 of the Securitisation Regulations 2024;

(b)

publish a statement under regulation 41 of those Regulations;

(c)

impose a penalty under regulation 42 of those Regulations.”.

(3)

Section 133A of FSMA 200051 (proceedings before Tribunal: decision and supervisory notices, etc) is to be read as if in subsection (1) the words “as a result of section 388(2)” were omitted.