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Financial Services and Markets Act 2000

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[F188FAction under s.88E: procedureU.K.

This section has no associated Explanatory Notes

(1)Action against a sponsor under section 88E takes effect—

(a)immediately, if the notice given under subsection (3) so provides, or

(b)on such later date as may be specified in the notice.

(2)If the FCA—

(a)proposes to take action against a sponsor under that section, or

(b)takes action against a sponsor under that section with immediate effect,

it must give the sponsor written notice.

(3)The notice must—

(a)give details of the action,

(b)state the FCA's reasons for taking the action and for its determination as to when the action takes effect,

(c)inform the sponsor that the sponsor may make representations to the FCA within such period as may be specified in the notice (whether or not the matter has been referred to the Tribunal),

(d)inform the sponsor of when the action takes effect,

(e)inform the sponsor of the right to refer the matter to the Tribunal, and

(f)give an indication of the procedure on such a reference.

(4)The FCA may extend the period allowed under the notice for making representations.

(5)If the FCA decides—

(a)to take the action in the way proposed, or

(b)if the action has taken effect, not to rescind it,

the FCA must give the sponsor written notice.

(6)If the FCA decides—

(a)not to take the action in the way proposed,

(b)to take action under section 88E that differs from the action originally proposed, or

(c)to rescind action which has taken effect,

the FCA must give the sponsor written notice.

(7)A notice under subsection (5) must—

(a)inform the sponsor of the right to refer the matter to the Tribunal, and

(b)give an indication of the procedure on such a reference.

(8)A notice under subsection (6)(b) must comply with subsection (3).]

Textual Amendments

F1Ss. 88A-88F substituted for s. 89 (24.1.2013 for specified purposes, 19.3.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 18(4), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.; S.I. 2013/651, art. 2(a)

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