C12C13Part IV Permission to Carry on Regulated Activities

Annotations:
Modifications etc. (not altering text)
C12

Pt. IV (ss. 40-55) extended (1.12.2001) by S.I. 2001/2636, arts. 1(2)(b), 3-24; S.I. 2001/3538, art. 2(1)

Pt. IV (ss. 40-55) extended (with modifications) (1.12.2001) by S.I. 2001/2636, arts. 1(2)(b), 35(5)(a); S.I. 2001/3538, art. 2(1)

Pt. IV (ss. 40-50) excluded (1.12.2001) by S.I. 2001/3592, arts. 1(2), 107(2) (with art. 23(2))

Pt. IV (ss. 40-55) modified (1.12.2001) by S.I. 2001/3592, arts. 1(2), 114(3)(a), 121(3), 128(3)(a) (with art. 23(2))

Application for permission

C1C240 Application for permission.

1

An application for permission to carry on one or more regulated activities may be made to the Authority by—

a

an individual;

b

a body corporate;

c

a partnership; or

d

an unincorporated association.

C3C4C5C6C7C8C92

An authorised person may not apply for permission under this section if he has a permission—

a

given to him by the Authority under this Part, or

b

having effect as if so given,

which is in force.

C103

An EEA firm may not apply for permission under this section to carry on a regulated activity which it is, or would be, entitled to carry on in exercise of an EEA right, whether through a United Kingdom branch or by providing services in the United Kingdom.

4

A permission given by the Authority under this Part or having effect as if so given is referred to in this Act as “a Part IV permission”.

C11I141 The threshold conditions.

1

“The threshold conditions”, in relation to a regulated activity, means the conditions set out in Schedule 6.

2

In giving or varying permission, or imposing or varying any requirement, under this Part the Authority must ensure that the person concerned will satisfy, and continue to satisfy, the threshold conditions in relation to all of the regulated activities for which he has or will have permission.

3

But the duty imposed by subsection (2) does not prevent the Authority, having due regard to that duty, from taking such steps as it considers are necessary, in relation to a particular authorised person, in order to secure its regulatory objective of the protection of consumers.