Part XVIII

Recognised investment exchanges, clearing houses , CSDs and other parties
CHAPTER 2A

Performance of functions of recognised bodies

Approval

Applications for approval
309I
1
A relevant recognised body may apply for approval from the appropriate regulator under section
309G
for a person to perform a designated senior management function in relation to the carrying on of the body’s activities.
2
The application must be made in such manner as the appropriate regulator may direct.
3
The application must contain—
a
a statement setting out the aspects of the applicant’s affairs which it is intended that the person will be responsible for managing in performing the function, and
b
such other information as the appropriate regulator may reasonably require.
4
A statement provided under subsection
(3)(a)
is known as a “statement of responsibilities”.
5
At any time after the application is received, and before it is determined, the appropriate regulator may require the applicant to provide it with such further information as it reasonably considers necessary to enable it to determine the application.
6
The appropriate regulator may require the applicant to present information provided under this section in such form, or to verify the information in such a way, as the appropriate regulator may direct.
7
Different directions may be given, and different requirements may be imposed, in relation to different applications or categories of application.
8
In subsection
(1)
, “
relevant recognised body
” includes—
a
if recognised investment exchanges are a type of recognised body to which this Chapter applies, a person who has applied for recognition as such under section 287;
b
if recognised central counterparties are a type of recognised body to which this Chapter applies, a person who has applied for recognition as such under section 288;
c
if recognised CSDs are a type of recognised body to which this Chapter applies, a person who has applied for recognition as such under section 288A.
Pt. 18 applied in part (with modifications) (12.12.2011) by The Recognised Auction Platforms Regulations 2011 (S.I. 2011/2699), reg. 7, Sch. 2 (as amended (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 37 (with regs. 7(4), 9(1)))
Pt. 18 heading substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 2(8) (with regs. 7(4), 9(1))
Words in Pt. 18 heading substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 18(2), 86(3); S.I. 2023/779, reg. 4(m)
Pt. 18 Ch. 2A inserted (29.6.2023 for specified purposes) by Financial Services and Markets Act 2023 (c. 29), s. 86(1)(e), Sch. 10 para. 1