Part VI

Official Listing

Primary information providers

Action under s.89Q: procedure and right to refer to Tribunal
89R
1
If the FCA proposes to take action against a provider under section 89Q, it must give the provider a warning notice.
2
A warning notice about a proposal to impose a penalty must state the amount of the penalty.
3
A warning notice about a proposal—
a
to suspend an approval, or
b
to impose a restriction in relation to the giving of information,
must state the period for which the suspension or restriction is to have effect.
4
A warning notice about a proposal to publish a statement must set out the terms of the statement.
5
If the FCA decides to take action against a provider under section 89Q, it must give the provider a decision notice.
6
A decision notice about the imposition of a penalty must state the amount of the penalty.
7
A decision notice about—
a
the suspension of an approval, or
b
the imposition of a restriction in relation to the giving of information,
must state the period for which the suspension or restriction is to have effect.
8
A decision notice about the publication of a statement must set out the terms of the statement.
9
If the FCA decides to take action against a provider under section 89Q, the provider may refer the matter to the Tribunal.
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)