SCHEDULES
SCHEDULE 14

Amendments of Part 24 of FSMA 2000: insolvency
23
1
Section 375 (Authority's right to apply for an order relating to debt avoidance) is amended as follows.
2
In subsection (1), for “Authority” substitute “ FCA ”.
3
After subsection (1) insert—
1A
The PRA may apply for an order under section 423 of the 1986 Act (or Article 367 of the 1989 Order) in relation to a debtor if—
a
at the time the transaction at an undervalue was entered into, the debtor was carrying on a PRA-regulated activity (whether or not in contravention of the general prohibition); and
b
a victim of the transaction is or was party to an agreement entered into with the debtor, the making or performance of which constituted or was part of a PRA-regulated activity carried on by the debtor.
4
In subsection (2), after “subsection (1)(b)” insert “ or subsection (1A)(b) (as the case may be) ”.
5
In the heading, for “Authority's right” substitute “ Right of FCA and PRA ”.
Sch. 14 para. 23 in force at 1.4.2013 by S.I. 2013/423, art. 3, Sch.