F1PART 9ARules and Guidance

Annotations:
Amendments (Textual)
F1

Pt. 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.

CHAPTER 2Rules: modification, waiver, contravention and procedural provisions

Procedural provisions

C1138HVerification of rules

1

The production of a printed copy of a rule-making instrument purporting to be made by a regulator—

a

on which is endorsed a certificate signed by a member of staff of that regulator who is authorised by the regulator for that purpose, and

b

which contains the required statements,

is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.

2

The required statements are—

a

that the instrument was made by the FCA or the PRA (as the case may be),

b

that the copy is a true copy of the instrument, and

c

that on a specified date the instrument was made available to the public in accordance with section 138G(4).

3

A certificate purporting to be signed as mentioned in subsection (1) is to be taken to have been properly signed unless the contrary is shown.

4

A person who wishes in any legal proceedings to rely on a rule-making instrument may require the regulator that made the rule to endorse a copy of the instrument with a certificate of the kind mentioned in subsection (1).