SEPA guidance
66.—(1) SEPA must publish guidance about—
(a)which activities are subject to a requirement to notify;
(b)which activities subject to a requirement to notify must also be carried on in accordance with general binding rules;
(c)which activities SEPA is likely to require to be authorised by means of registration;
(d)which activities SEPA is likely to require to be authorised by means of permit; and
(e)the criteria which SEPA will apply in determining whether a person is a fit and proper person.
(2) SEPA may publish guidance about the exercise of any other functions it has under these Regulations as it thinks fit.
(3) SEPA may from time to time revise guidance published under this regulation.
(4) SEPA must consult such persons as it thinks fit before publishing or revising guidance under paragraph (1).
(5) The duty in paragraph (4) may be treated as satisfied by a consultation carried out partially or wholly before the coming into force of these Regulations.
(6) SEPA must have regard to the guidance published under paragraph (1)(a) to (d) when—
(a)determining an application;
(b)imposing an authorisation under regulation 60; and
(c)escalating or de-escalating an authorisation under regulation 61.
(7) When carrying out a relevant function which requires SEPA to determine whether a person is a fit and proper person, SEPA must have regard to the guidance published under paragraph (1)(e).