F1PART 5ADesignated activities
F2CHAPTER 2PROVISIONS RELATING TO PARTICULAR DESIGNATED ACTIVITIES
Procedure relating to relevant Part 5A directions
71UMeaning of “relevant Part 5A direction” for purposes of this Chapter
For the purposes of this Chapter a “relevant Part 5A direction” is a direction given under section 71O by virtue of designated activity regulations that are specified in the first column of the Table in Part 3 of Schedule 6C, other than a direction (if any) of a description specified in the corresponding entry in the second column.
71VProcedure for giving, varying or revoking relevant Part 5A direction
(1)
If the FCA proposes to give a relevant Part 5A direction, or gives such a direction with immediate effect, the FCA must give written notice to the person concerned (“P”).
(2)
A relevant Part 5A direction takes effect—
(a)
immediately, if the notice under subsection (1) states that that is the case,
(b)
on such other date as may be specified in the notice, or
(c)
if no date is specified in the notice, when the matter to which the notice relates is no longer open to review.
(3)
A relevant Part 5A direction may be expressed to take effect immediately, or on a specified date, only if the FCA, having regard to the ground on which it is exercising the power to give the direction, considers that it is necessary for the direction to take effect immediately, or on that date.
(4)
The notice under subsection (1) must—
(a)
give details of the direction,
(b)
state the FCA’s reasons for the direction and for its determination as to when the direction takes effect,
(c)
inform P that P may make representations to the FCA within such period as may be specified in the notice (whether or not P has referred the matter to the Tribunal), and
(d)
inform P of P’s right to refer the matter to the Tribunal.
(5)
The FCA may extend the period allowed under the notice for making representations.
(6)
If, having considered any representations made by P, the FCA decides—
(a)
to give the direction proposed, or
(b)
if the direction has been given, not to revoke the direction,
it must give P written notice.
(7)
If, having considered any representations made by P, the FCA decides—
(a)
not to give the direction proposed,
(b)
to give a different direction, or
(c)
to revoke a direction which has effect,
it must give P written notice.
(8)
A notice under subsection (6) must inform P of P’s right to refer the matter to the Tribunal.
(9)
A notice under subsection (7)(b) must comply with subsection (4).
(10)
If a notice informs P of P’s right to refer a matter to the Tribunal, it must give an indication of the procedure on such a reference.
(11)
This section applies to the variation of a direction—
(a)
on the FCA’s own initiative, or
(b)
in response to, but otherwise than in accordance with, an application under section 71W,
as it applies to the giving of a direction.
(12)
If the FCA decides on its own initiative to revoke a direction, it must give written notice to the person concerned.
(13)
For the purposes of subsection (2)(c), whether a matter is open to review is to be determined in accordance with section 391(8).
71WApplication for variation or revocation of relevant Part 5A direction
(1)
A person to whom a relevant Part 5A direction has been given may apply to the FCA for the variation or revocation of the direction.
(2)
An application for the variation of a direction must contain a statement of the desired variation.
(3)
An application under this section must—
(a)
be made in such manner as the FCA may direct, and
(b)
contain, or be accompanied by, such information as the FCA may reasonably require.
(4)
At any time after the application is received and before it is determined, the FCA may require the applicant to provide it with such further information as it reasonably considers necessary to enable it to determine the application.
(5)
Different directions under subsection (3)(a) may be given, and different requirements under subsection (3)(b) or (4) imposed, in relation to different applications or categories of application.
(6)
The FCA may require an applicant to provide information which the applicant is required to provide to it under this section in such form, or to verify it in such a way, as the FCA may direct.
(7)
The applicant may withdraw the application, by giving the FCA written notice, at any time before the FCA determines it.
71XDetermination of application under section 71W
(1)
This section applies in relation to an application under section 71W for the variation or revocation of a direction, and in this section the applicant is referred to as “A”.
(2)
If the FCA grants the application, it must give A written notice stating the date from which the variation or revocation has effect.
(3)
If the FCA proposes to refuse to revoke or vary the direction, it must give A written notice.
(4)
A notice under subsection (3) must—
(a)
state the FCA’s reasons for the refusal,
(b)
inform A that A may make representations to the FCA within such period as may be specified in the notice (whether or not A has referred the matter to the Tribunal), and
(c)
inform A of A’s right to refer the matter to the Tribunal.
(5)
The FCA may extend the period allowed for making representations.
(6)
If, having considered any representations made by A, the FCA decides to refuse to vary or revoke the direction, it must give A written notice.
(7)
A notice under subsection (6) must inform A of A’s right to refer the matter to the Tribunal.
(8)
If a notice informs A of A’s right to refer a matter to the Tribunal, it must give an indication of the procedure on such a reference.
71YRelevant Part 5A direction: right to refer to Tribunal
A person who is aggrieved by the exercise by the FCA of its powers in relation to a relevant Part 5A direction given to that person may refer the matter to the Tribunal.