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Part XVIIU.K. Collective Investment Schemes

[F1CHAPTER 3AU.K.AUTHORISED CONTRACTUAL SCHEMES

Ending of authorisationU.K.

261U.Revocation of authorisation order otherwise than by consentU.K.

(1)An authorisation order may be revoked by an order made by the FCA if it appears to the FCA that—

(a)one or more of the requirements for the making of the order are no longer satisfied;

(b)the operator or depositary of the scheme concerned has contravened a requirement imposed on the operator or depositary by or under this Act;

(c)the operator or depositary of the scheme has, in purported compliance with any such requirement, knowingly or recklessly given the FCA information which is false or misleading in a material particular;

(d)no regulated activity is being carried on in relation to the scheme and the period of that inactivity began at least twelve months earlier; or

(e)none of paragraphs (a) to (d) applies, but it is desirable to revoke the authorisation order in order to protect the interests of participants or potential participants in the scheme.

(2)For the purposes of subsection (1)(e), the FCA may take into account any matter relating to—

(a)the scheme;

(b)the operator or depositary;

(c)any person employed by or associated with the operator or depositary in connection with the scheme;

(d)any director of the operator or depositary;

(e)any person exercising influence over the operator or depositary;

(f)any body corporate in the same group as the operator or depositary;

(g)any director of any such body corporate;

(h)any person exercising influence over any such body corporate.

261V.Procedure for revoking authorisation orderU.K.

(1)If the FCA proposes to make an order under section 261U revoking an authorisation order (“a revoking order”), it must give separate warning notices to the operator and the depositary of the scheme.

(2)If the FCA decides to make a revoking order, it must without delay give each of them a decision notice and either of them may refer the matter to the Tribunal.

261W.Requests for revocation of authorisation orderU.K.

(1)An authorisation order may be revoked by an order made by the FCA at the request of the operator or depositary of the scheme concerned.

(2)If the FCA makes an order under subsection (1), it must give written notice of the order to the operator and depositary of the scheme concerned.

(3)The FCA may refuse a request to make an order under this section if it considers that—

(a)the public interest requires that any matter concerning the scheme should be investigated before a decision is taken as to whether the authorisation order should be revoked; or

(b)revocation would not be in the interests of the participants or would be incompatible with an EU obligation.

(4)If the FCA proposes to refuse a request under this section, it must give separate warning notices to the operator and the depositary of the scheme.

(5)If the FCA decides to refuse the request, it must without delay give each of them a decision notice and either of them may refer the matter to the Tribunal.]