[F1138GRule-making instrumentsU.K.
(1)Any power conferred on either regulator to make rules is exercisable in writing.
(2)An instrument by which rules are made by either regulator (“a rule-making instrument”) must specify the provision under which the rules are made.
(3)To the extent that a rule-making instrument does not comply with subsection (2), it is void.
(4)A rule-making instrument must be published by the regulator making the rule in the way appearing to that regulator to be best calculated to bring it to the attention of the public.
(5)The regulator making the rule may charge a reasonable fee for providing a person with a copy of a rule-making instrument.
(6)A person is not to be taken to have contravened any rule made by a regulator if the person shows that at the time of the alleged contravention the rule-making instrument concerned had not been made available in accordance with this section.]
Textual Amendments
F1Pt. 9A substituted for ss. 138-164 (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 24(1), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.