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The Financial Services and Markets Act 2000 (Official Listing of Securities) (Transitional Provisions) Order 2001

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Contravention of listing rules by sponsors before commencement

10.—(1) Paragraph (2) applies to a person who—

(a)is a sponsor approved in accordance with listing rules made pursuant to section 88;

(b)was before commencement a person on the register of approved sponsors maintained by the Authority for the purposes of old listing rules;

(c)before commencement had contravened a requirement imposed on him by virtue of old listing rules, in relation to which the Authority had power under those rules to censure him;

(d)had not, before commencement, been censured in accordance with those rules (or been the subject of a final decision that he should not be so censured) in respect of that contravention; and

(e)would, if the actions or omissions constituting such contravention had taken place after commencement, have been in contravention of a requirement imposed on him by rules made (or treated as made) under Part VI.

(2) Where, pursuant to subsection (1) of section 89, listing rules provide for the competent authority to publish a statement as described in that subsection, the competent authority may under those rules publish a statement that a person to whom this paragraph applies has contravened a requirement of the kind described in paragraph (1)(c) above.

(3) Subsections (2) to (4) of section 89 (which provide for the giving of warning notices and decision notices and for references to the Tribunal), and listing rules made in connection with that section, apply in relation to a statement made by virtue of paragraph (2) above as they apply in relation to a statement of the kind described in subsection (1) of that section, but subject to articles 12 and 13 below.

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