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41.—(1) This Regulation applies where, immediately before the coming into force of these Regulations a person has—
(a)a right to make a reference to the Tribunal in respect of any decision of the FCA—
(i)to refuse an application referred to in regulation 40(2),
(ii)in the case of an authorisation to provide a data reporting service, to grant the authorisation subject to restrictions under regulation 10 of the 2017 Regulations,
(iii)to cancel that person’s authorisation or verification of compliance with the 2017 Regulations under regulation 11 of the 2017 Regulations or to refuse a request to cancel that authorisation or verification under those Regulations; or
(b)a reference to the Tribunal has been made but not determined.
(2) These Regulations do not affect the reference to the Tribunal or the right to make a reference to the Tribunal.
(3) In this regulation, reference to a right to make a reference to the Tribunal includes a prospective right to make such a reference, where the decision concerned remains to be determined by the FCA immediately before the coming into force of these Regulations.
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