C1 Part V Performance of Regulated Activities
Approval
I1C5C661 Determination of applications.
F131
The regulator to which an application for approval is made under section 60 may grant the application only if—
a
it is satisfied that the person in respect of whom the application is made (“the candidate”) is a fit and proper person to perform the function to which the application relates, or
b
in a case where the application is for approval to perform a designated senior management function in relation to the carrying on of a regulated activity by a relevant authorised person (a “relevant senior management application”), it is satisfied that the condition in paragraph (a) will be met if the application is granted subject to one or more conditions (as to which, see subsection (2B)).
2
In F15determining the application, F11the regulator may have regard (among other things) to whether the candidate, or any person who may perform a function on his behalf—
a
has obtained a qualification,
b
has undergone, or is undergoing, training, F2...
c
possesses a level of competence, F14or
d
has the personal characteristics,
required by general rules F4made by that regulator in relation to persons performing functions of the kind to which the application relates.
F72A
Subsections (1) and (2) apply in relation to the giving by the FCA of any required consent as they apply in relation to the grant of the application.
F92B
The regulator to which a relevant senior management application is made under section 60 may in particular—
a
grant the application subject to any conditions that the regulator considers appropriate, and
b
grant the application so as to give approval only for a limited period.
2C
A regulator may exercise the power under paragraph (a) or (b) of subsection (2B) only if—
a
where the regulator is the FCA, it appears to the FCA that it is desirable to do so in order to advance one or more of its operational objectives, and
b
where the regulator is the PRA, it appears to the PRA that it is desirable to do so in order to advance any of its objectives.
2D
Consent given by the FCA for the granting of the application may be conditional on the manner in which the PRA exercises its power under subsection (2B).
C2C3C4C8C73
F10The regulator to which an application is made under section 60 must, before the end of the period for consideration, determine whether—
a
to grant the application; or
b
to give a warning notice under section 62(2).
F53ZA
In the case of a relevant senior management application, the reference in subsection (3)(a) to granting the application is a reference to granting it without imposing conditions or limiting the period for which the approval has effect.
F123A
The period for consideration”—
a
in any case where the application under section 60 is made by a person applying for permission under Part 4A (see section 60(6)), means whichever ends last of—
i
the period within which the application for that permission must be determined under section 55V(1) or (2), and
ii
the period of 3 months beginning with the date on which the regulator receives the application under section 60, and
b
in any other case, means the period of 3 months beginning with the date on which the regulator receives the application under section 60.
4
If F3a regulator imposes a requirement under section 60(3), the period for consideration stops running on the day on which the requirement is imposed but starts running again—
a
on the day on which the required information is received by F3a regulator; or
b
if the information is not provided on a single day, on the last of the days on which it is received by F3a regulator.
5
A person who makes an application under section 60 may withdraw his application by giving written notice to the F1regulator to which the application was made at any time before the F6regulator determines it, but only with the consent of—
a
the candidate; and
b
the person by whom the candidate is to be retained to perform the function concerned, if not the applicant.
F86
In this section—
a
“designated senior management function” means a function designated as a senior management function under section 59(6A) or (6B);
b
any reference to a relevant authorised person includes a reference to a person who has applied for permission under Part 4A and will be a relevant authorised person if permission is given.
7
For the meaning of “relevant authorised person”, see section 71A.
Pt. V (ss. 56-71) modified (1.12.2001) by S.I. 2001/3592, arts. 1(2), 114(3)(a), 128(3)(a) (with art. 23(2))