The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018

Application of the Act to persons with interim permission

31.—(1) This regulation applies to every person with an interim permission under regulations 29 or 30 of these Regulations.

(2) A person with an interim permission is to be treated as an authorised person for the purposes of the Act (and any provision made under the Act), unless otherwise expressly provided for by this regulation.

(3) For the purpose of section 20(1) of the Act (authorised person acting without permission), a person’s interim permission is treated as having been given to that person by the FCA under Part 4A of the Act.

(4) The FCA may exercise its power under section 55L(1)(2) of the Act (imposition of requirements by FCA) in relation to a person treated as having been given permission under regulations 29 or 30, as if the person had applied for the permission.

(5) For the purpose of section 55L(2) of the Act, a person’s interim permission is treated as having been given to that person by the FCA.

(6) A person’s interim permission is to be disregarded for the purposes of the following sections of the Act—

(a) section 38(2)(3) (exemption orders);

(b) section 55A(3)(4) (application for permission);

(c) section 55E (giving permission: the FCA);

(d) section 55F (giving permission: the PRA).

(1)

Section 20 was amended by paragraph 2(2) of Schedule 9 to the Financial Services Act 2012.

(2)

Section 55L was inserted by section 11 of the Financial Services Act 2012.

(3)

Section 38 was amended by paragraph 4 of Schedule 18(1) to the Financial Services Act 2012.

(4)

Section 55A was inserted by section 11 of the Financial Services Act 2012.