DEPP 2 Annex 1 Warning notices and decision notices under the Act and certain other enactments
Note: Third party rights and access to FCA18 material apply to the powers listed in this Annex where indicated by an asterisk * (see DEPP 2.4)
18Section of the Act |
Description |
Handbook reference |
Decision maker |
55X(1)(a) and(b)18 18 |
when the FCA18 is proposing to grant an application for a Part 4A permission18 with a limitation or a requirement which was not applied for, or with a narrower description of regulated activity than that applied for 1818 |
||
55X(1)(c) and (d)18 18 |
when the FCA18 is proposing to grant an application to vary a firm's Part 4A permission18 but, other than as part of the application, to restrict the Part 4A permission18 (either by imposing a limitation or requirement which was not applied for or by specifying a narrower description of regulated activity than that applied for) 181818 |
||
1855X(1)(e) |
when the FCA is proposing to exercise its power under section 55L(1) in connection with an application to the PRA for a Part 4A permission or the variation of a Part 4A permission |
||
55X(2)18 18 |
when the FCA18 is proposing to refuse an application for a Part 4A permission18 1818 |
||
55X(2)18 18 |
when the FCA18 is proposing to refuse an application to vary a firm's Part 4A permission18 1818 |
||
55X(2)18 18 |
when the FCA18 is proposing to refuse an application to cancel a firm's Part 4A permission18 1818 |
||
1855X(2) |
when the FCA is proposing to refuse an application for the variation of a requirement imposed under section 55L or for the imposition of a new requirement |
RDC or executive procedures See DEPP 2.5.6 G |
|
55X(4)(a) 55X(4)(b)18 18 |
when the FCA18 is deciding to grant an application for a Part 4A permission18 with a limitation or a requirement which was not applied for, or with a narrower description of regulated activity than that applied for 1818 |
See DEPP 2.5.6 G |
|
55X(4)(c) 55X(4)(d)18 18 |
when the FCA18 is deciding to grant an application to vary a firm's Part 4A permission18but, other than as part of the application, to restrict the Part 4A permission18 (either by imposing a limitation or requirement which was not applied for or by specifying a narrower description of regulated activity than that applied for) 181818 |
See DEPP 2.5.6 G |
|
1855X(4)(e) |
when the FCA is deciding to exercise its power under section 55L(1) in connection with an application to the PRA for a Part 4A permission or the variation of a Part 4A permission |
||
55X(4)(f)18 18 |
when the FCA18 is deciding to refuse an application for a Part 4A permission18 1818 |
See DEPP 2.5.5 G |
|
55X(4)(f)18 18 |
when the FCA18 is deciding to refuse an application to vary a firm's Part 4A permission18 1818 |
See DEPP 2.5.6 G |
|
55X(4)(f)18 18 |
when the FCA18 is deciding to refuse an application to cancel a firm's Part 4A permission18 1818 |
See DEPP 2.5.5 G |
|
1855X(4)(f) |
When the FCA is deciding to refuse an application for the variation of a requirement imposed under section 55L or for the imposition of a new requirement |
RDC or executive procedures See DEPP 2.5.6 G |
|
55Z(1) 55Z(2)18 18 |
when the FCA18 is proposing or deciding to cancel a firm's Part 4A permission18 otherwise than at its request * 1818 |
||
57(1)/(3) |
when the FCA18 is proposing or deciding to make a prohibition order against an individual* 18 |
||
58(3)/(4) |
when the FCA18 is proposing or deciding to refuse an application for the variation or revocation of a prohibition order 68 |
||
62(2) |
when the FCA18 is proposing to refuse an application for approval of a person performing a controlled function 18 |
||
62(3) |
when the FCA18 is deciding to refuse an application for approval of a person performing a controlled function 18 |
See DEPP 2.5.5 G |
|
63(3)/(4) |
when the FCA18 is proposing or deciding to withdraw approval from an approved person * 18 |
||
863B(1)/(3) |
when the FCA18 is proposing or deciding to impose a penalty on a person under section 63A* 18 |
||
67(1)/(4) |
when the FCA18 is proposing or deciding to take action against an approved person by exercising the disciplinary powers conferred by section 66* 18 |
||
76(4)/(5) |
when the FCA18 is proposing or deciding to refuse an application for listing of securities 18 |
||
78(10)/(11)(a) |
when the FCA18 has suspended, on its own initiative,3 the listing of securities3and is proposing or deciding to refuse an application by an issuer for cancellation of the suspension 183 |
||
378A(4)/(5) |
When the FCA18 is proposing or deciding to refuse an application by the issuer of the securities for the discontinuance or suspension of the listing of the securities 18 |
||
378A(7)/(8)(a) |
When the FCA18 has suspended the listing of securities on the application of the issuer of the securities and is proposing or deciding to refuse an application by the issuer for the cancellation of the suspension 18 |
||
87M(2)/(3) |
when the FCA18 is proposing or deciding to publish a statement censuring an issuer of transferable securities, a person offering transferable securities to the public or a person requesting the admission of transferable securities to trading on a regulated market 18 |
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788(4)(a) 88(6)(a) 88(8)(a)18 18 |
when the FCA18 is proposing or deciding to refuse a person's application for approval as a sponsor 18181018 |
||
1888(4)(a) 88(6)(a) 88(8)(b) |
when the FCA is proposing or deciding to refuse a sponsor's application for the suspension of an approval as a sponsor |
||
1888(4)(a) 88(6)(a) 88(8)(c) |
when the FCA is proposing or deciding to refuse a sponsor's application for the withdrawal of the suspension of an approval as a sponsor |
||
1888(4)(a) 88(6)(a) 88(8)(d) |
when the FCA is proposing or deciding to refuse a sponsor's application for the withdrawal or variation of a limitation, or other restriction on the services to which a sponsor's approval relates |
See DEPP 2.5.11B G |
|
1888(4)(aa) 88(6)(aa) |
when the FCA is proposing or deciding to impose limitations or restrictions on the services to which a sponsor's approval relates |
See DEPP 2.5.11A G |
|
1888(4)(b) 88(6)(b) |
when the FCA is proposing or deciding to cancel a sponsor's approval as a sponsor otherwise than at the sponsor's request* |
||
1888B(1) 88B(5) |
when the FCA is proposing or deciding to take action against a sponsor by exercising the disciplinary powers conferred by section 88A* |
||
989K(2)/(3) |
when the FCA18 is proposing or deciding to publish a statement that an issuer of securities admitted to trading on a regulated market is failing or has failed to comply with an applicable transparency obligation 18 |
||
1889P(5)(a) 89P(7)(a) 89P(9)(a) |
when the FCA is proposing or deciding to refuse a person's application for approval as a primary information provider |
||
1889P(5)(a) 89P(7)(a)89P(9)(b) |
when the FCA is proposing or deciding to refuse a primary information provider's application for the suspension of an approval as a primary information provider |
||
1889P(5)(a) 89P(7)(a) 89P(9)(c) |
when the FCA is proposing or deciding to refuse a primary information provider's application for the withdrawal of the suspension of an approval as a primary information provider |
||
1889P(5)(a) 89P(7)(a) 89P(9)(d) |
when the FCA is proposing or deciding to refuse a primary information provider's application for the withdrawal or variation of a limitation or other restriction on the dissemination of regulated information to which a primary information provider's approval relates |
See DEPP 2.5.11D G |
|
1889P(5)(b) 89P(7)(b) |
when the FCA is proposing or deciding to impose limitations or other restrictions on the dissemination of regulated information to which a primary information provider's approval relates. |
See DEPP 2.5.11A G |
|
89P(5)(c) 89P(7)(c) |
when the FCA is proposing or deciding to cancel a person's approval as a primary information provider otherwise than at the primary information provider's request |
||
89R(1) 89R(5) |
when the FCA is proposing or deciding to take action against a primary information provider by exercising the disciplinary powers conferred by section 89Q |
||
92(1)/(4) |
when the FCA18 is proposing or deciding to take action against any person under section 91 for breach of Part 6 rules*4 18 |
||
126(1)/ 127(1) |
when the FCA18 is proposing or deciding to impose a sanction for market abuse * 18 |
||
8131H(1)/ (4) |
when the FCA18 is proposing or deciding to take action against a person under section 131G* 18 |
||
189(4)/(7)6 6 |
when the FCA18 is proposing or deciding to object to a change in control following receipt of a section 178 notice6 186 |
||
189(4)/(7)6 6 |
when the FCA18 is proposing or deciding to approve a change in control with conditions, following receipt of a section 178 notice6 186 |
||
187(1)/(3) and 188(1)191A(4)/(6)6 |
when the FCA18 is proposing or deciding to object to a person who has acquired or increased control without giving a section 178 notice6 186 |
||
6191A(4)/(6) |
when the FCA18 is proposing or deciding to object to a person's control on the basis of the matters in section 186 18 |
||
6191A(4)/(6) |
when the FCA18 is proposing or deciding to object to a person's control on the grounds that he is in breach of a condition imposed under section 187 18 |
||
18192L(1) 192L(4) |
when the FCA is proposing or deciding to take action against a qualifying parent undertaking by exercising the disciplinary powers conferred by section 192K* |
||
200(4)/(5) |
when the FCA18 is proposing or deciding to refuse an application for variation or rescission of a requirement imposed on an EEA incoming firm 18 |
See DEPP 2.5.6 G |
|
207(1)/ 208(1) |
when the FCA18 is proposing or deciding to publish a statement (under section 205) or impose a financial penalty (under section 206) or suspend a permission or impose a restriction in relation to the carrying on of a regulated activity (under section 206A). This applies in respect of an authorised person, or an unauthorised person to whom section 404C applies.*12 1218888 |
||
245(1)/(2) |
when the FCA18 is proposing or deciding to refuse an application for an authorisation order declaring a unit trust scheme to be an AUT 18 |
See DEPP 2.5.15 G |
|
18249 345B(1)/(4) |
when the FCA is proposing or deciding to take action against an auditor by exercising the disciplinary powers conferred by section 249* |
||
252(1)/(4) |
when the FCA18 is proposing or deciding to refuse approval of a proposal to replace the trustee or manager of an AUT 18 |
||
11252A(4)(b)/(6)(a) |
when the FCA18 is proposing or deciding to refuse approval of a proposal by the manager of a feeder UCITS to make an alteration to the trust deed to enable the feeder UCITS to convert into a UCITS scheme which is not a feeder UCITS 18 |
||
255(1)/(2) |
when the FCA18 is proposing or deciding to make an order under section 254 revoking the authorisation order of an AUT * 18 |
None, but see Chapter 14 of the Regulatory Guide EG. |
|
9256(4)/(5) |
when the FCA18 is proposing or deciding to refuse a request for the revocation of the authorisation order of an AUT 18 |
||
260(1)/(2) |
when the FCA18, on an application to revoke or vary a direction under section 257, proposes or decides to refuse to revoke or vary the direction or proposes or decides to vary the direction otherwise than in accordance with the application 18 |
||
19261G(1)/(2) |
when the FCA is proposing or deciding to refuse an application for an authorisation order declaring a scheme to be an ACS |
See DEPP 2.5.15 G |
|
19261R(1)/(4) |
when the FCA is proposing or deciding to refuse approval of a proposal to replace the depositary or authorised contractual scheme manager of an ACS |
||
19261S(4)(b)/ (6)(a) |
when the FCA is proposing or deciding to refuse approval of a proposal by the authorised contractual scheme manager of an ACS which is a feeder UCITS to make an alteration to the contractual scheme deed to enable the feeder UCITS to convert into a UCITS scheme which is not a feeder UCITS |
||
19261V(1)/(2) |
when the FCA is proposing or deciding to make an order under section 261U revoking the authorisation order of an ACS* |
None, but see Chapter 14 of the Regulatory Guide EG. |
|
19261W(4)/(5) |
when the FCA is proposing or deciding to refuse a request for the revocation of the authorisation order of an ACS |
||
19261Z2(1)/(2) |
when the FCA, on an application to revoke or vary a direction under section 261X, proposes or decides to refuse to revoke or vary the direction or proposes or decides to vary the direction otherwise than in accordance with the application |
||
264(2)/ 265(4) |
[deleted]11 11 |
11 | |
269(1)/(2) |
when the FCA18, on an application under section 267(4) or (5) by an operator of a section 264 recognised scheme to revoke or vary a direction that the promotion of the scheme be suspended, proposes or decides to refuse the application or to vary the direction otherwise than in accordance with the application 18 |
||
276(1)/(2) |
when the FCA18 is proposing or deciding to refuse an application for an order declaring a collective investment scheme to be a recognised scheme under section 272 18 |
||
280(1)/(2) |
when the FCA18 is proposing or deciding to revoke a section 272 order in respect of a recognised scheme * 1820 |
||
6 | when the FCA18 is proposing or deciding12 to object to a proposed acquisition 6of a UK RIE following receipt of a section 301A 6notice . 1866 |
||
6 | when the FCA18 is proposing or deciding to object to a person who has acquired or increased control in a UK RIE without giving a section 301 notice6 186 |
||
6 | when the FCA18 is proposing or deciding to object to a person's control in a UK RIE on the basis of the approval requirement in section 301F(4)6 186 |
||
18312G(1) 312H(1) |
when the FCA is proposing or deciding to take action against a recognised investment exchange by exercising the disciplinary powers conferred by sections 312E and 312F* |
||
1313B(9) |
[deleted]9 9 |
9 | 9 |
2313B(10)/(11) |
[deleted]9 9 |
9 | 9 |
9313BB(5)/ 313BC(5) |
when, upon the application of an institution, the FCA18 is proposing or deciding not to revoke a requirement imposed on an institution under section 313A or is proposing or deciding that a requirement imposed on a class of institutions under section 313A will continue to apply to the applicant 18 |
||
9313BD(5)/ 313BE(4) |
when, upon the application of an issuer, the FCA18 is proposing or deciding not to revoke a requirement imposed on an institution or a class of institutions under section 313A or to revoke a requirement imposed on a class of institutions under section 313A in relation to the class apart from one or more specified members of it, or one or more specified members of the class only 18 |
||
331(1)/(3) |
when the FCA18 is proposing or deciding to make an order disapplying the exemption from the general prohibition under section 327* 18 |
||
331(7)/(8) |
when the FCA18 is proposing or deciding to refuse an application for the variation or revocation of an order made under section 329* 18 |
||
345B(1) 345B(4)18 18 |
when the FCA18 is proposing or deciding to disqualify an auditor or actuary from being the auditor of, or acting as an actuary for, any authorised person or class of authorised person or from being the auditor of any AUT, ACS19 or ICVC * |
||
18345B(1) 345B(4) |
when the FCA is proposing or deciding to disqualify an auditor from being the auditor of any recognised investment exchange or any class of recognised investment exchange* |
||
18345B(1) 345B(4) |
when the FCA is proposing or deciding to take action against an auditor or actuary by exercising the disciplinary powers conferred by sections 345(2)(c) or (d)* |
||
385(1)/ 386(1) |
when the FCA18 is proposing or deciding to exercise the power under section 384(5) to require a person to pay restitution* 18 |
||
17404A(8)(a) |
In connection with a consumer redress scheme, when the FCA is proposing to make a determination of whether a failure by a relevant firm has caused (or may cause) loss or damage to a consumer, or what the redress should be in respect of the failure18 |
||
18404A(8)(a) |
In connection with a consumer redress scheme, when the FCA is deciding to make a determination of whether a failure by a relevant firm has caused (or may cause) loss or damage to a consumer, or what the redress should be in respect of the failure |
||
1412B(2)/(3) |
when the FCA18 is proposing/deciding to refuse to approve a relevant system as defined in section 412A(9) of the Act 18 |
||
1412B(4)/(5) |
when the FCA18 is proposing/deciding to suspend or withdraw its approval in relation to a relevant system as defined in section 412A(9) of the Act* 18 |
||
1412B(8)/(9) |
when the FCA18 is proposing/deciding to refuse an application to cancel the suspension of approval in relation to a relevant system as defined in section 412A(9) of the Act* 18 |
||
11Paragraph 15A(4) of Schedule 3 |
when the FCA18 is notifying an EEA firm wishing to manage a UCITS scheme and its Home State regulator that the EEA firm does not comply with the fund application rules, or is not authorised by its Home State regulator to manage the type of collective investment scheme for which authorisation is required, or has not provided the documentation required under article 20(1) of the UCITS Directive 18 |
See DEPP 2.5.16 G |
|
Paragraph 15A(5) of Schedule 3 |
[deleted]11 11 |
11 | |
11Paragraph 15B(2)18(a) of Schedule 3 18 |
when the FCA18 is deciding not to withdraw a notice issued to an EEA firm wishing to manage a UCITS scheme and to its Home State regulator that the EEA firm does not comply with the fund application rules, or is not authorised by its Home State regulator to manage the type of collective investment scheme for which authorisation is required, or has not provided the documentation required under article 20(1) of the UCITS Directive 18 |
||
Paragraph 19(8)/ (12) of Schedule 3 |
when the FCA18 is proposing or deciding to refuse to give a consent notice to a UK firm wishing to establish a branch under an EEA right 18 |
Section of the Credit Unions Act 1979 |
Description |
Handbook reference |
Decision maker |
20 |
where the FCA18 is proposing to cancel or suspend the registration of a credit union or to petition for the winding up of a credit union 18 |
14 |
15Articles of the Credit Unions (Northern Ireland) Order 1985 |
Description |
Handbook reference |
Decision maker |
60(1), 61(1) and 63 |
where the FCA18 is proposing to consent to the Registrar of Credit Unions for Northern Ireland cancelling or suspending the registration of a Northern Ireland credit union, or petitioning for the winding up of a Northern Ireland credit union 18 |
Section of the Friendly Societies Act 1992 |
Description |
Handbook reference |
Decision maker |
58A(1)(a)/(3)(a) |
when the FCA18 is proposing or deciding to give a direction under section 54 or section 55 requiring a friendly society to take or refrain from taking steps where certain activities have become disproportionate to those of the friendly society group or, as the case may be, the society, or varying such a direction other than at the request of the society* 18 |
See DEPP 2.5.18G (3) |
|
58A(1)(b)/(3)(b) |
when the FCA18 is proposing or deciding to give a direction under section 90 providing for a transfer of the engagements of a friendly society * 18 |
||
85(4A) |
when the FCA18, on an amalgamation between friendly societies each of which has a Part 4A permission18, notifies the successor society of the terms of its Part 4A permission18 181818 |
See DEPP 2.5.12 G |
OEIC Regulations reference |
Description |
Handbook reference |
Decision maker |
Regulation 16(1)/(2) |
when the FCA18 is proposing or deciding to refuse an application for an authorisation order in respect of a proposed ICVC 18 |
See DEPP 2.5.15 G |
|
Regulation 22(1)/(2)/(4)/(5) |
when the FCA18 is proposing to refuse approval of (or, having given a warning notice, deciding to refuse) a proposal to replace the depositary or director23of an ICVC, or any other proposal or decision falling within regulation 21 1823 |
||
11Regulation 22A(5)(b)/(8)(a) |
when the FCA18 is proposing or deciding to refuse approval of a proposal by an ICVC which is a feeder UCITS to make an alteration to its instrument of incorporation to enable it to convert into a UCITS scheme which is not a feeder UCITS 18 |
||
Regulation 24(1)/(2) |
when the FCA18 is proposing or deciding to revoke an authorisation order relating to an ICVC under regulation 23(1)* 18 |
||
Regulation 28(1)/(2) |
when the FCA18 is proposing or deciding to refuse an application to revoke or vary a direction in accordance with a request under regulation 25(7) or to vary the direction in accordance with the application 18 |
||
Paragraph 20 of Schedule 5 |
when the FCA18 is proposing or deciding to use the disqualification powers under section 249(1)* 18 |
Description |
Handbook reference |
Decision maker |
|
Article 95(2)/(3) |
when the FCA18 is proposing or deciding not to include, or to remove, an appointed representative from the Register* 18 |
||
Article 95(7)/(8) |
when the FCA18 is proposing or deciding to refuse an application to revoke a determination not to include, or to remove, an appointed representative from the Register* 18 |
Description |
Handbook reference |
Decision maker |
|
Regulations 9(7) and 14 |
when the FCA18 is proposing to refuse an application for authorisation as an authorised payment institution, or for registration as a small payment institution, or to9 impose a requirement, or to refuse an application to vary an authorisation9 18 |
||
Regulations 9(8)(a) and 14 |
when the FCA18 is deciding to refuse an application for authorisation as an authorised payment institution, or for registration of a small payment institution, or to9 impose a requirement, or to refuse an application to vary an authorisation9 18 |
Executive procedures where no representations are made in response to a warning notice, otherwise by the RDC |
|
Regulations 10(2) and 10(3)(a) and 14 |
when the FCA18 is proposing or deciding to either cancel an authorised payment institution's authorisation, or to cancel a small payment institution's registration, otherwise than at that institution's own request* 18 |
||
Regulation 24(2) |
when the FCA18 is proposing to refuse to register an EEA branch 18 |
||
Regulation 24(3)(a) |
when the FCA18 is deciding to refuse to register an EEA branch 18 |
Executive procedures where no representations are made in response to a warning notice, otherwise by the RDC |
|
Regulations 24(2) and 24(3)(a) |
when the FCA18 is proposing or deciding to cancel the registration of an EEA branch* 18 |
||
Regulation 29(9) |
when the FCA18 is proposing to refuse an application for registration as an agent 18 |
||
Regulation 29(10)(a) |
when the FCA18 is deciding to refuse an application for registration as an agent 18 |
Executive procedures where no representations are made in response to a warning notice, otherwise by the RDC |
|
Regulations 30(2) and 30(3)(a) |
when the FCA18 is proposing or deciding to remove an agent from the Financial Services Register18 otherwise than at the request of a payment institution* 1818 |
||
Regulations 86(1) and 86(3) |
when the FCA18 is proposing, or deciding, to impose a financial penalty* 18 |
||
Regulations 86(1) and 86(3) |
when the FCA18 is proposing, or deciding, to publish a statement that a payment service provider has contravened the Payment Services Regulations* 18 |
||
Regulations 89(1) and 89(3) |
when the FCA18 is proposing or deciding to exercise its powers to require restitution* 18 |
||
Regulation 121(7) |
when the FCA18 is proposing to decide that it has not received the required information or that the required conditions are not met as concerns deemed authorisation 18 |
||
Regulation 121(8) |
when the FCA18 is deciding that it has not received the required information or that the required conditions are not met as concerns deemed authorisation 18 |
Executive procedures where no representations are made in response to a warning notice, otherwise by the RDC24 |
|
24Schedule 4A paragraph 5(6) |
when the FCA is proposing to refuse an application to vary the period, event or condition of a prohibition, or to remove a prohibition, or to vary or remove a restriction |
||
24Schedule 4A paragraph 5(7) |
when the FCA is deciding to refuse an application to vary the period, event or condition of a prohibition, or to remove a prohibition, or to vary or remove a restriction |
Executive procedures, where no representations are made in response to a warning notice, otherwise by the RDC |
|
Schedule 5 paragraph 1 |
when the FCA18 is proposing or deciding to publish a statement that a relevant person has been knowingly concerned with a contravention of the Payment Services Regulations (Note 2) 18 |
||
Schedule 5 paragraph 1 |
when the FCA18 is proposing or deciding to impose a financial penalty against a relevant person (Note 3) 18 |
||
Notes: (2) The Payment Services Regulations do not require third party rights and access to FCA18 material when the FCA18 exercises this power. However, the FCA18 generally intends to allow for third party rights and access to material when exercising this power. (3) The Payment Services Regulations do not require third party rights and access to FCA18 material when the FCA18 exercises this power. However, the FCA18 generally intends to allow for third party rights and access to material when exercising this power. 181818181818 |
Description |
Handbook reference |
Decision maker |
|
Regulation 13(4)/(5)(a) |
when the FCA18 is proposing or deciding to refuse an application under regulation 8 18 |
||
Regulation 20(5)/(6)(a) |
when the FCA18 is proposing or deciding not to approve a material change 18 |
||
Regulation 25(5)/(6)(a) |
when the FCA18 is proposing or deciding not to approve a change of ownership 18 |
||
Regulation 32(1)(a)/ (2)(a) |
before the FCA18 gives a direction under regulation 30 or when it decides to make the direction 18 |
||
Regulation 32(1)(b)/(2)(b) |
before the FCA 18removes an issuer from the register of issuers under regulation 31 or when it decides to remove the issuer from the register of issuers* 18 |
||
Regulation 35(1)/(3) |
when the FCA18 is proposing or deciding to impose a penalty on a person under regulation 34* 18 |
9Cross-Border Payments in Euro Regulations 2010 |
Description |
Handbook reference |
Decision maker |
Regulations 7(1) and 7(3) |
when the FCA18 is proposing or deciding to impose a financial penalty* 18 |
||
Regulations 7(1) and 7(3) |
when the FCA18 is proposing or deciding to publish a statement that a payment service provider has contravened the EU Cross-Border Regulation* 18 |
||
Regulations 10(1) and 10(3) |
when the FCA18 is proposing or deciding to exercise its powers to require restitution* 18 |
||
Schedule paragraph 1 |
when the FCA18 is proposing or deciding to publish a statement that a relevant person has been knowingly concerned with a contravention of the EU Cross-Border Regulation (Note 1) 18 |
||
Schedule paragraph 1 |
when the FCA18 is proposing or deciding to impose a financial penalty against a relevant person (Note 1) 18 |
||
Note: (1) The Cross-Border Payments in Euro Regulations do not require third party rights and access to FCA18 material when the FCA18 exercises this power. However, the FCA18 generally intends to allow for third party rights and access to material when exercising this power. 1818 |
Description |
Handbook reference |
Decision maker |
|
Regulations 9(6) and 15 |
where the FCA18 is proposing to refuse an application for authorisation as an authorised electronic money institution, or for registration as a small electronic money institution, or impose a requirement, or refuse to vary an authorisation or registration 18 |
||
Regulations 9(7)(a) and 15 |
when the FCA18 is deciding to refuse an application for authorisation as an authorised electronic money institution, or for registration as a small electronic money institution, or impose a requirement or refuse to vary an authorisation or registration 18 |
Executive procedures where no representations are made in response to a warning notice, otherwise by the RDC |
|
Regulations 10(4), 10(5)(a)and 15 |
when the FCA18 is proposing or deciding to either cancel an authorised electronic money institution's authorisation, or to cancel a small electronic money institution's registration otherwise than at that institution's own request * 18 |
||
Regulations 11(6), 11(9), 11(10)(b) and 15 |
when the FCA18 is exercising its powers to vary an electronic money institution's authorisation or vary a small electronic money institution's registration on its own initiative 18 |
RDC or Executive procedures (Note 1) |
|
Regulation 29(2) |
when the FCA18 is proposing to refuse to register an EEA branch of an authorised electronic money institution 18 |
||
Regulation 29(3)(a) |
when the FCA18 is deciding to refuse to register an EEA branch of an authorised electronic money institution 18 |
Executive procedures where no representations are made in response to a warning notice, otherwise by the RDC |
|
Regulation 29(2) and Regulation 29(3)(a) |
when the FCA18 is proposing or deciding to cancel the registration of an EEA branch of an authorised electronic money institution* 18 |
||
Regulation 34(9) |
when the FCA18 is proposing to refuse an application for registration as an agent 18 |
||
Regulation 34(10)(a) |
when the FCA18 is deciding to refuse an application for registration as an agent 18 |
Executive procedures where no representations are made in response to a warning notice, otherwise by the RDC |
|
Regulations 35(2) and 35(3)(a) |
when the FCA18 is proposing or deciding to remove an agent from the Financial Services Register18 otherwise than at the request of the electronic money institution * 18 |
||
Regulations 53(1) and 53(3) |
when the FCA18 is proposing, or deciding, to publish a statement that an electronic money issuer has contravened the Electronic Money Regulations * 18 |
||
Regulations 53 (1) and 53 (3) |
when the FCA18 is proposing or deciding, to impose a financial penalty * 18 |
||
Regulations 53(1) and 53(3) |
When the FCA18 is proposing or deciding to suspend the authorisation of an authorised electronic money institution or registration of a small electronic money institution, or to limit or otherwise restrict the carrying on of electronic money issuance or payment services business by an electronic money institution * 18 |
||
Regulations 56(1) and 56(3) |
when the FCA18 is proposing or deciding to exercise its powers to require restitution * 18 |
||
Regulation 74(7) |
when the FCA18 is proposing to decide not to include a person on the register 18 |
||
Regulation 74(8) (a) |
when the FCA18 is deciding not to include a person on the register 18 |
Executive procedures where no representations are made in response to a warning notice, otherwise by the RDC24 |
|
24Schedule 2A paragraph 5(6) |
when the FCA is proposing to refuse an application to vary the period, event or condition of a prohibition, or to remove a prohibition, or to vary or remove a restriction |
||
24Schedule 2A paragraph 5(7) |
when the FCA is deciding to refuse an application to vary the period, event or condition of a prohibition, or to remove a prohibition, or to vary or remove a restriction |
Executive procedures, where no representations are made in response to a warning notice, otherwise by the RDC |
|
Schedule 3, paragraph 1 |
when the FCA18 is proposing or deciding to publish a statement that a relevant person has been knowingly concerned with a contravention of the Electronic Money Regulations (Note 2) 18 |
||
Schedule 3, paragraph 1 |
when the FCA18 is proposing or deciding to impose a financial penalty against a relevant person (Note 2) 18 |
||
Notes: (1) The RDC will take the decision to give the notice exercising the FCA's18 own-initiative power if the action involves: (a) removing a type of activity from an authorisation or registration; or (b) refusing an application to include a type of activity in an authorisation or registration; or (c) restricting a person from taking on new business, dealing with a particular category of customer or refusing an application to vary or cancel such a restriction; or (d) imposing or varying a capital requirement, or refusing an application to vary or cancel such a requirement. (2) The Electronic Money Regulations do not require third party rights and access to FCA18 material when the FCA18 exercises this power. However, the FCA18 generally intends to allow for third party rights and access to material when exercising this power. 18181818 |
Description |
Handbook reference |
Decision maker |
|
Regulation 5A |
where the FCA18 is proposing or deciding to publish a statement censuring an RAP, or to impose a financial penalty on an RAP 18 |
Description |
Handbook reference |
Decision maker |
|
Regulation 13(1) |
where the FCA proposes to refuse an application for entry on the register of small registered UK AIFMs |
||
Regulation 13(2)(a) |
where the FCA decides to refuse an application for entry on the register of small registered UK AIFMs |
Executive procedures where no representations are made in response to a warning notice otherwise by the RDC |
|
Regulation 18(1) |
where the FCA proposes to revoke the registration of a small registered UK AIFM including, where applicable, its registration as a EuSEF manager or EuVECA manager |
||
Regulation 18(2)(a) |
where the FCA decides to revoke the registration of a small registered UK AIFM including where applicable its registration as a EuSEF manager or EuVECA manager |
||
Regulation 25(2) |
where the FCA proposes to disqualify an external valuer |
||
Regulation 25(3)(a) |
where the FCA decides to disqualify an external valuer |
||
Regulation 27(2) |
where the FCA proposes to revoke approval given to a full-scope UK AIFM for the delegation of functions of portfolio or risk management |
||
Regulation 27(3)(a) |
where the FCA decides to revoke approval given to a full-scope UK AIFM for the delegation of functions of portfolio management or risk management |
||
Regulation 56 |
where the FCA is proposing to revoke a full-scope UK AIFM's approval to market an AIF under regulation 54 |
||
Regulation 56 |
where the FCA is deciding to revoke a full-scope UK AIFM's approval to market an AIF under regulation 54 |
||
Regulation 62(2) |
where the FCA proposes to revoke an AIFM's entitlement to market an AIF |
||
Regulation 62(3) |
where the FCA decides to revoke the entitlement of an AIFM to market an AIF |
||
Regulation 71(1)(e ) |
where the FCA is proposing or deciding to publish a statement that an unauthorised AIFM has contravened the regulations or directly applicable EuSEF regulation or EuVECA regulation |
||
Regulation 71(1)(f) |
where the FCA is proposing or deciding to impose a financial penalty on an unauthorised AIFM that has contravened the regulations or directly applicable EuSEF regulation or EuVECA regulation |
21Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Referral Fees) Regulations 2013 |
Description |
Handbook reference |
Decision maker |
Regulation 24(1) and 24(6) |
when the FCA is proposing or deciding to exercise its powers to require restitution* |
||
Regulation 25(1) and 26(1) |
when the FCA is proposing or deciding to publish a statement (under regulations 14 or 15) or impose a financial penalty (under regulation 16) or impose a restriction on permission (under regulation 17) or suspend or restrict an approval (under regulation 18)* |
22The Financial Services Act 2012 (Consumer Credit) Order 2013 |
Description |
Handbook reference |
Decision maker |
Article 3(3) |
when the FCA is proposing or deciding to take action against an approved person for being knowingly concerned in a contravention of a CCA Requirement by an authorised person, by exercising the disciplinary powers conferred by section 66* |
||
Article 3(7) |
when the FCA is proposing or deciding to publish a statement (under section 205) or impose a financial penalty (under section 206) or suspend a permission or impose a restriction in relation to the carrying on of a regulated activity (under section 206A) for the contravention of a CCA Requirement. This applies in respect of an authorised person, or an unauthorised person to whom section 404C applies* |
||
Article 3(10) |
when the FCA is proposing or deciding to exercise the power under section 384(5) to require a person to pay restitution in relation to the contravention of a CCA Requirement* |