Part VI

Official Listing

Primary information providers

Primary information providers
89P
1
Part 6 rules may require issuers of financial instruments to use primary information providers for the purpose of giving information of a specified description to a market of a specified description.
2
“
Primary information provider
” means a person approved by the FCA for the purposes of this section.
3
“
Specified
” means specified in the Part 6 rules.
4
Part 6 rules made by virtue of subsection (1) may—
a
provide for the FCA to maintain a list of providers;
b
impose requirements on a provider in relation to the giving of information or of information of a specified description;
c
specify the circumstances in which a person is qualified for being approved as a provider;
d
provide for limitations or other restrictions to be imposed on the giving of information to which an approval relates (whether or not the approval has already been granted);
e
provide for the approval of a provider to be suspended on the application of the provider.
5
If the FCA proposes—
a
to refuse a person's application under information provider rules,
b
to impose limitations or other restrictions on the giving of information to which a person's approval relates, or
c
to cancel a person's approval as a provider otherwise than at the person's request,
it must give the person a warning notice.
6
If the FCA decides—
a
to grant the application under information provider rules,
b
not to impose limitations or other restrictions on the giving of information to which a person's approval relates, or
c
not to cancel the approval,
it must give the person concerned written notice of its decision.
7
If the FCA decides—
a
to refuse to grant the application under information provider rules,
b
to impose limitations or other restrictions on the giving of information to which a person's approval relates, or
c
to cancel the approval,
it must give the person concerned a decision notice.
8
A person to whom a decision notice is given under this section may refer the matter to the Tribunal.
9
In this section any reference to an application under information provider rules means—
a
an application for approval as a provider,
b
an application for the suspension of an approval as a provider,
c
an application for the withdrawal of the suspension of an approval as a provider, or
d
an application for the withdrawal or variation of a limitation or other restriction on the giving of information to which a provider's approval relates.
Pt. 6 (ss. 72-103) applied (with modifications) (1.12.2001) by S.I. 1995/1537, Sch. 4 (as amended (1.12.2001) by S.I. 2001/3649, arts. 1, 511)
Ss. 89P-89V inserted (24.1.2013 for specified purposes, 1.4.2013 in so far as not already in force) by Financial Services Act 2012 (c. 21), ss. 19(1), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3; S.I. 2013/423, art. 3, Sch.
Pt. 6 modified (31.12.2020) by The Official Listing of Securities, Prospectus and Transparency (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/707), regs. 1(2), 73 (as amended by S.I. 2019/1234, regs. 1(2), 23 and with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1234, regs. 1(3), 29(2)))); 2020 c. 1, Sch. 5 para. 1(1)