SCHEDULES

SCHEDULE 2Minor and consequential amendments

Part 1Amendments of Financial Services and Markets Act 2000

9

1

Section 67 (disciplinary measures: procedure and right to refer to Tribunal) is amended as follows.

2

In subsection (1), at the end insert “ ; and if it proposes to take action under subsection (3)(aa) or (ab) of that section, it must also give each of the other interested parties a warning notice. ”

3

After subsection (2) insert—

2A

A warning notice about a proposal—

a

to suspend an approval, or

b

to impose a restriction in relation to the performance of a function,

must state the period for which the suspension or restriction is to have effect.

4

In subsection (4), at the end insert “ ; and if it decides to take action under subsection (3)(aa) or (ab) of that section, it must also give each of the other interested parties a decision notice. ”

5

After subsection (5) insert—

5A

A decision notice about—

a

the suspension of an approval, or

b

the imposition of a restriction in relation to the performance of a function,

must state the period for which the suspension or restriction is to have effect.

6

In subsection (7), at the end insert “ ; and if the Authority decides to take action under section 66(3)(aa) or (ab), each of the other interested parties may also refer the matter to the Tribunal. ”

7

After that subsection insert—

8

Approval” means an approval given under section 59.

9

Other interested parties”, in relation to an approved person (“A”), are—

a

the person on whose application the approval was given (“B”); and

b

the person by whom A's services are retained, if not B.

The reference in this subsection to an approved person has the same meaning as in section 64.