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Financial Services (Banking Reform) Act 2013

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This is the original version (as it was originally enacted).

18Functions for which approval is required

This section has no associated Explanatory Notes

(1)Section 59 of FSMA 2000 (approval for particular arrangements) is amended as follows.

(2)Omit subsection (5).

(3)For subsection (6) substitute—

(6)The PRA may specify a description of function under subsection (3)(a) only if, in relation to the carrying on of a regulated activity by a PRA-authorised person, it is satisfied that the function is a senior management function as defined in section 59ZA.

(4)After subsection (6) insert—

(6A)If—

(a)a function of a description specified in rules made by the FCA under subsection (3)(a) or (b) is a controlled function in relation to the carrying on of a regulated activity by a relevant authorised person, and

(b)the FCA is satisfied that, in relation to the carrying on of a regulated activity by a relevant authorised person, the function is a senior management function as defined in section 59ZA,

the FCA must designate the function in the rules as a senior management function.

(6B)If a function of a description specified in rules made by the PRA under subsection (3)(a) is a controlled function in relation to the carrying on of a regulated activity by a relevant authorised person, the PRA must designate the function in the rules as a senior management function.

(6C)For the meaning of “relevant authorised person”, see section 71A.

(5)Omit subsections (7) to (7B) and (11).

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