The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013

The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001

42.  In the Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001(1)—

(a) in regulation 1(2)(2)—

(i) in the definition of “an investigating authority” for “the Authority” substitute “the FCA, the PRA, the Bank of England”;

(ii) in paragraph (a) of the definition of “nominee”—

(aa) for “the Authority” substitute “the FCA, the PRA or the Bank of England”;

(bb) for “any relevant authority” substitute “that authority and any other relevant authority”;

(iii) in the definition of “relevant authority” for paragraph (a) substitute—

“(a) the FCA,

(aa) the PRA,

(b) the Bank of England,”;

(b) in regulation 4(1)(a) for “the Authority an address of a place in the United Kingdom for the service of documents, is the address so provided” substitute “the FCA, the PRA or the Bank of England an address of a place in the United Kingdom for the service of documents, is the address provided to that regulator”;

(c) after regulation 4(3) insert—

“(4) Where, prior to 1st April 2013, a person (“A”) was required by any provision of or made under the Act to provide to the Financial Services Authority an address in the United Kingdom for the service of documents, the proper address is the address provided to the Financial Services Authority except to the extent that A subsequently provides a different address to the FCA, PRA or Bank of England.”;

(d) in regulation 5—

(i) in paragraph (4)—

(aa) for “the Authority” substitute “the FCA, the PRA or the Bank of England”;

(bb) for “any relevant authority” substitute “that regulator”;

(ii) after regulation 5(4) insert—

“(5) Where, before 1st April 2013, a person (“A”) provided to the Financial Services Authority a fax number, e-mail address or other electronic identification for the purpose of accepting the service of relevant documents, that is sufficient indication for each relevant authority for the purposes of paragraph (1) or (3), except to the extent that A subsequently provides to the FCA, PRA or Bank of England further information.”;

(e) in regulation 6(3)(3)—

(i) in sub-paragraph (a)—

(aa) for “section 53(4)” substitute “section 55Y(4)”;

(bb) for “variation of an authorised person’s Part IV permission” substitute “variation of Part 4A permission or the imposition or variation of a requirement”;

(ii) after sub-paragraph (a) insert—

“(aa) a notice given under section 137S(4)(a) (financial promotion rules: directions given by FCA)(5) of the Act which states that the requirements contained in the direction have effect immediately;”;

(iii) in sub-paragraph (b)—

(aa) after “(discontinuance or suspension: procedure)” insert “, section 88F(2)(6) (action under section 88E: procedure) or 89V(1) (action under section 89U: procedure)”;

(bb) for “or suspension of the listing of any securities” substitute “, suspension of the listing of any securities or action”;

(iv) in sub-paragraph (c) for “Authority’s” in each place it appears substitute “FCA’s”;

(f) in regulation 8(2)—

(i) for “the Authority” in the first place it appears substitute “the FCA, the PRA or the Bank of England (“the Bank”)”;

(ii) for “the Authority” in the second place it appears substitute “the FCA, the PRA or the Bank (as the case may be)”;

(g) in regulation 9(2)—

(i) for “the Authority” in the first place it appears substitute “the FCA, the PRA or the Bank of England”;

(ii) for “the Authority” in the second and third places it appears substitute “it”;

(h) in regulation 10—

(i) in the heading for “the Authority” substitute “regulators”;

(ii) for “the Authority” where first place it appears substitute “the FCA, the PRA or the Bank of England (“the relevant regulator”);

(iii) for each of the remaining references to “the Authority” substitute “the relevant regulator”;

(iv) after “applicable directions” insert “given by that regulator”.

(1)

S.I. 2001/1420.

(2)

Amended by section 2 of the Enterprise Act 2002 and S.I. 2010/1193.

(3)

Amended by S.I. 2005/274.

(4)

Substituted by section 11 of the Financial Services Act 2012.

(5)

Inserted by section 24 of the Financial Services Act 2012.

(6)

Substituted by section 18 of the Financial Services Act 2012.