DEPP 2 Annex 1 Warning notices and decision notices under the Act and certain other enactments

G06/06/2019

Note: Third party rights and access to FCA 18 material apply to the powers listed in this Annex where indicated by an asterisk * (see DEPP 2.4)

Section of the Act	Description	Handbook reference	Decision maker
55X(1)(a) and(b)18 18	when the FCA 18 is proposing to grant an application for a Part 4A permission 18 with a limitation or a requirement which was not applied for, or with a narrower description of regulated activity than that applied for 18 18	SUP 6	Executive procedures
55X(1)(c) and (d)18 18	when the FCA 18 is proposing to grant an application to vary a firm's Part 4A permission 18 but, other than as part of the application, to restrict the Part 4A permission 18 (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) 18 18 18		Executive procedures
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		Executive procedures
55X(2)18 18	when the FCA 18 is proposing to refuse an application for a Part 4A permission 18 18 18		Executive procedures
55X(2)18 18	when the FCA 18 is proposing to refuse an application to vary a firm's Part 4A permission 18 18 18	SUP 6	Executive procedures
55X(2)18 18	when the FCA 18 is proposing to refuse an application to cancel a firm's Part 4A permission 18 18 18	SUP 6	Executive procedures
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 FCA 18 is deciding to grant an application for a Part 4A permission 18 with a limitation or a requirement which was not applied for, or with a narrower description of regulated activity than that applied for 18 18		RDC or executive procedures See DEPP 2.5.6 G
55X(4)(c) 55X(4)(d)18 18	when the FCA 18 is deciding to grant an application to vary a firm's Part 4A permission 18but, other than as part of the application, to restrict the Part 4A permission 18 (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) 18 18 18	SUP 6	RDC or executive procedures 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 FCA 18 is deciding to refuse an application for a Part 4A permission 18 18 18		RDC or executive procedures See DEPP 2.5.5 G
55X(4)(f)18 18	when the FCA 18 is deciding to refuse an application to vary a firm's Part 4A permission 18 18 18	SUP 6	RDC or executive procedures See DEPP 2.5.6 G
55X(4)(f)18 18	when the FCA 18 is deciding to refuse an application to cancel a firm's Part 4A permission 18 18 18	SUP 6	RDC or executive procedures 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 FCA 18 is proposing or deciding to cancel a firm's Part 4A permission 18 otherwise than at its request * 18 18		RDC
57(1)/(3)	when the FCA 18 is proposing or deciding to make a prohibition order against an individual* 18		RDC
58(3)/(4)	when the FCA 18 is proposing or deciding to refuse an application for the variation or revocation of a prohibition order 69		RDC
62(2)	when the FCA 18 is proposing to refuse an application for approval of a person performing a controlled function or to grant the application subject to conditions or for a limited period (or both)27 18	SUP 10A and SUP 10C27	Executive procedures
62(3)	when the FCA 18 is deciding to refuse an application for approval of a person performing a controlled function or to grant the application subject to conditions or for a limited period (or both)27 18	SUP 10A and SUP 10C27	RDC or executive procedures See DEPP 2.5.5 G
63(3)/(4)	when the FCA 18 is proposing or deciding to withdraw approval from an approved person * 18		RDC
863B(1)/(3)	when the FCA 18 is proposing or deciding to impose a penalty on a person under section 63A* 18		RDC
2763ZA(4)(b) and 62(2)	when the FCA is proposing to refuse an application for variation of an approval granted to an SMF manager, subject to conditions	SUP 10C	Executive procedures
2763ZA(8) and 62(3)	when the FCA is deciding to refuse an application for variation of an approval granted to an SMF manager, subject to conditions	SUP 10C	RDC or executive procedures See DEPP 2.5.5G
67(1)/(4)	when the FCA 18 is proposing or deciding to take action against an individual27 by exercising the disciplinary powers conferred by section 66* 18		RDC
76(4)/(5)	when the FCA 18 is proposing or deciding to refuse an application for listing of securities 18	LR 2 and LR 3	Executive procedures
78(10)/(11)(a)	when the FCA 18 has suspended, on its own initiative,3 the listing of securities 3and is proposing or deciding to refuse an application by an issuer for cancellation of the suspension 18 3	LR 5	Executive procedures
378A(4)/(5)	When the FCA 18 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	LR 5	Executive procedures
378A(7)/(8)(a)	When the FCA 18 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	LR 5	Executive procedures
87M(2)/(3)	when the FCA 18 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		RDC 3 4 7
788(4)(a) 88(6)(a) 88(8)(a)18 18	when the FCA 18 is proposing or deciding to refuse a person's application for approval as a sponsor 18 18 10 18	LR 8	RDC
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		Executive procedures
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		Executive procedures
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		RDC or executive procedures 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		RDC or executive procedures 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*		RDC
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*		RDC
989K(2)/(3)	when the FCA 18 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		RDC
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		RDC
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		Executive procedures
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		Executive procedures
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		RDC or executive procedures 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.		RDC or executive procedures 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		RDC
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		RDC
92(1)/(4)	when the FCA 18 is proposing or deciding to take action against any person under section 91 for breach of Part 6 rules*4 18		RDC
126(1)/ 127(1)	when the FCA 18 is proposing or deciding to impose a penalty or public censure under section 123 of the Act, a disciplinary prohibition under section 123A of the Act, or a suspension or restriction under section 123B of the Act 29* 18		RDC
8131H(1)/ (4)	when the FCA 18 is proposing or deciding to take action against a person under section 131G* 18		RDC
27142T(1)/ (4)	when the FCA is proposing or deciding to take action against a person under section 142S*		RDC
189(4)/(7)6 6	when the FCA 18 is proposing or deciding to object to a change in control following receipt of a section 178 notice 6 18 6	SUP 11	Executive procedures
189(4)/(7)6 6	when the FCA 18 is proposing or deciding to approve a change in control with conditions, following receipt of a section 178 notice 6 18 6	SUP 11	Executive procedures
187(1)/(3) and 188(1)191A(4)/(6)6	when the FCA 18 is proposing or deciding to object to a person who has acquired or increased control without giving a section 178 notice 6 18 6	SUP 11	Executive procedures 6
6191A(4)/(6)	when the FCA 18 is proposing or deciding to object to a person's control on the basis of the matters in section 186 18	SUP 11	Executive procedures
6191A(4)/(6)	when the FCA 18 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	SUP 11	Executive procedures
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*		RDC
200(4)/(5)	when the FCA 18 is proposing or deciding to refuse an application for variation or rescission of a requirement imposed on an EEA incoming firm 18		RDC or executive procedures See DEPP 2.5.6 G
207(1)/ 208(1)	when the FCA 18 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 12 18 8 8 8		RDC
245(1)/(2)	when the FCA 18 is proposing or deciding to refuse an application for an authorisation order declaring a unit trust scheme to be an AUT or an AUT to be a money market fund42 18	COLL 2	RDC or executive procedures 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*		RDC
252(1)/(4)	when the FCA 18 is proposing or deciding to refuse approval of a proposal to replace the trustee or manager of an AUT 18	COLL 2	Executive procedures
11252A(4)(b)/(6)(a)	when the FCA 18 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	COLL 11	Executive procedures
255(1)/(2)	when the FCA 18 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.	RDC 9
9256(4)/(5)	when the FCA 18 is proposing or deciding to refuse a request for the revocation of the authorisation order of an AUT 18		RDC
260(1)/(2)	when the FCA 18, 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		RDC 19
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 or an ACS to be a money market fund42	COLL 2	RDC or executive procedures 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	COLL 2	Executive procedures
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	COLL 11	Executive procedures
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.	RDC
19261W(4)/(5)	when the FCA is proposing or deciding to refuse a request for the revocation of the authorisation order of an ACS		RDC
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		RDC
264(2)/ 265(4)	[deleted]11 11		11
269(1)/(2)	when the FCA 18, 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		RDC 20
276(1)/(2)	when the FCA 18 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	COLL 9	Executive procedures
280(1)/(2)	when the FCA 18 is proposing or deciding to revoke a section 272 order in respect of a recognised scheme * 18 20		RDC
1301G(3)(b)/(5)6 6	when the FCA 18 is proposing or deciding1 2 to object to a proposed acquisition 6of a UK RIE following receipt of a section 301A 6notice . 18 6 6	REC 4.2C	Executive procedures 1 2
2301I(3)/(4)6 6	when the FCA 18 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 18 6	REC 4.2C	Executive procedures
2301I(3)/(4)6 6	when the FCA 18 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 18 6	REC 4.2C	Executive procedures
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*		RDC
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 FCA 18 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	REC 4.2D	Executive procedures
9313BD(5)/ 313BE(4)	when, upon the application of an issuer, the FCA 18 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	REC 4.2D	Executive procedures
331(1)/(3)	when the FCA 18 is proposing or deciding to make an order disapplying the exemption from the general prohibition under section 327* 18		RDC
331(7)/(8)	when the FCA 18 is proposing or deciding to refuse an application for the variation or revocation of an order made under section 329* 18		RDC
345B(1) 345B(4)18 18	when the FCA 18 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, ACS 19 or ICVC *		RDC
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*		RDC
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)*		RDC
385(1)/ 386(1)	when the FCA 18 is proposing or deciding to exercise the power under section 384(5) to require a person to pay restitution* 18		RDC 17
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	CONRED	Executive procedures
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	CONRED	Executive procedures
1412B(2)/(3)	when the FCA 18 is proposing/deciding to refuse to approve a relevant system as defined in section 412A(9) of the Act 18		Executive procedures
1412B(4)/(5)	when the FCA 18 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		Executive procedures
1412B(8)/(9)	when the FCA 18 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		Executive procedures 11
11Paragraph 15A(4) of Schedule 3	when the FCA 18 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	SUP 13A See DEPP 2.5.16 G	Executive procedures
Paragraph 15A(5) of Schedule 3	[deleted]11 11		11
11Paragraph 15B(2)18(a) of Schedule 3 18	when the FCA 18 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	SUP 13A	Executive procedures
Paragraph 19(8)/ (12) of Schedule 3	when the FCA 18 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	SUP 13	RDC

43Co-operative and Community Benefit Societies Act (Northern Ireland) 1969	Description	Handbook reference	Decision maker
Sections 15 and 16	where the FCA gives at least two months’ notice of the proposed cancellation or suspension of the registration of a registered society		Executive procedures
Sections 15 and 16	where the FCA is proposing to cancel or suspend the registration of a registered society relying on section 15 (1)(c)(ii)		Executive procedures where no representations are made in response to a notice of proposed cancellation, otherwise by the RDC
Section 65	where the FCA is proposing to petition for the winding up of a registered society		RDC
Section 75	where the FCA is proposing to prosecute a registered society		Executive procedures or RDC

43Credit Unions (Northern Ireland) Order 1985 15	Description	Handbook reference	Decision maker
43Articles 60 and 61	where the FCA gives at least two months’ notice of the proposed cancellation or suspension of the registration of a Northern Ireland credit union		Executive procedures
Articles 60(1) and 61(1)43	where the FCA is proposing to cancel or suspend43 the registration of a Northern Ireland credit union relying on section 60(1)(c)(ii)43		Executive procedures where no representations are made in response to a notice of proposed cancellation, otherwise by the RDC 43
43Article 63	where the FCA is proposing to petition for the winding up of a Northern Ireland credit union		RDC
43Article 76	where the FCA is proposing to prosecute a Northern Ireland credit union		Executive procedures or RDC
	18 18

Section of the Friendly Societies Act 1992	Description	Handbook reference	Decision maker
58A(1)(a)/(3)(a)	when the FCA 18 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)	RDC
58A(1)(b)/(3)(b)	when the FCA 18 is proposing or deciding to give a direction under section 90 providing for a transfer of the engagements of a friendly society * 18		RDC
85(4A)	when the FCA 18, on an amalgamation between friendly societies each of which has a Part 4A permission 18, notifies the successor society of the terms of its Part 4A permission 18 18 18 18		RDC or executive procedures See DEPP 2.5.12 G

OEIC Regulations reference	Description	Handbook reference	Decision maker
Regulation 16(1)/(2)	when the FCA 18 is proposing or deciding to refuse an application for an authorisation order in respect of a proposed ICVC or an ICVC to be a money market fund42 18	COLL 2	RDC or executive procedures See DEPP 2.5.15 G
Regulation 22(1)/(2)/(4)/(5)	when the FCA 18 is proposing to refuse approval of (or, having given a warning notice, deciding to refuse) a proposal to replace the depositary or director 23of an ICVC, or any other proposal or decision falling within regulation 21 18 23	COLL 2	Executive procedures 11
11Regulation 22A(5)(b)/(8)(a)	when the FCA 18 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	COLL 11	Executive procedures
Regulation 24(1)/(2)	when the FCA 18 is proposing or deciding to revoke an authorisation order relating to an ICVC under regulation 23(1)* 18		RDC
Regulation 28(1)/(2)	when the FCA 18 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		RDC
Paragraph 20 of Schedule 5	when the FCA 18 is proposing or deciding to use the disqualification powers under section 249(1)* 18		RDC

Regulated Activities Order	Description	Handbook reference	Decision maker
Article 95(2)/(3)	when the FCA 18 is proposing or deciding not to include, or to remove, an appointed representative from the Register* 18	SUP 12.4.10 G	RDC
Article 95(7)/(8)	when the FCA 18 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	SUP 12.4.10 G	RDC

5 70Payment Services Regulations	Description	Handbook reference	Decision maker
Regulations 9(7), 15 and 1935	when the FCA 18 is proposing to refuse an application for authorisation as an authorised payment institution, or for registration as a small payment institution, or for registration as an account information service provider,35 or to9 impose a requirement, or to refuse an application to vary an authorisation9 or existing registration35 18		Executive procedures
Regulations 9(8)(a), 15 and 1935	when the FCA 18 is deciding to refuse an application for authorisation as an authorised payment institution, or for registration of a small payment institution, or for registration as an account information service provider,35 or to9 impose a requirement, or to refuse an application to vary an authorisation9 or existing registration35 18		Executive procedures where no representations are made in response to a warning notice, otherwise by the RDC
Regulations 10(2), 10(3)(a), 15 and 1935	when the FCA 18 is proposing or deciding to either cancel an authorised payment institution's authorisation, or to cancel a small payment institution or account information service provider’s 35 registration, otherwise than at that institution's own request* 18
Regulations 28(1) and 2635	when the FCA 18 is proposing to refuse to register an EEA branch or an EEA registered account information service provider 35 18		Executive procedures
Regulations 28(2)(a) and 2635	when the FCA 18 is deciding to refuse to register an EEA branch or an EEA registered account information service provider 35 18		Executive procedures where no representations are made in response to a warning notice, otherwise by the RDC
Regulations 28(1), 28(2)(a) and 2635	when the FCA 18 is proposing or deciding to cancel the registration of an EEA branch* or an EEA registered account information service provider 35 18		RDC
Regulation 34(8)35	when the FCA 18 is proposing to refuse an application for registration as an agent 18		Executive procedures
Regulation 34(9)(a)35	when the FCA 18 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)35	when the FCA 18 is proposing or deciding to remove an agent from the Financial Services Register 18 otherwise than at the request of a payment institution* 18 18		RDC
Regulations 112(1) and 112(3)35	when the FCA 18 is proposing, or deciding, to impose a financial penalty* 18		RDC
Regulations 112(1) and 112(3)35	when the FCA 18 is proposing, or deciding, to publish a statement that a payment service provider has contravened the Payment Services Regulations* 18		RDC
Regulations 115(1) and 115(3)35	when the FCA 18 is proposing or deciding to exercise its powers to require restitution* 18		RDC
35	35 18 18		35
35	35 18 18		35 24
24Schedule 535 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		Executive procedures
24Schedule 535 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 635 paragraph 1	when the FCA 18 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		RDC
Schedule 635 paragraph 1	when the FCA 18 is proposing or deciding to impose a financial penalty against a relevant person (Note 3) 18		RDC
Notes: (2) The Payment Services Regulations do not require third party rights and access to FCA 18 material when the FCA 18 exercises this power. However, the FCA 18 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 FCA 18 material when the FCA 18 exercises this power. However, the FCA 18 generally intends to allow for third party rights and access to material when exercising this power. 18 18 18 18 18 18

37The Money Laundering Regulations 2007The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 201734	Description	Handbook reference	Decision maker
34Regulations 25(6), 25(9) and 25 (10)(b)	when the FCA is exercising its power to give a direction		RDC
34Regulation 59(3)(b)	when the FCA is proposing to refuse an application for registration		Executive procedures
34Regulation 59(4)(b)	when the FCA is deciding to refuse an application for registration		RDC or executive procedures (Note 1)
Regulations 60(8) and 60(9)34	when34 the FCA is proposing or deciding to suspend or34 cancel the registration of a34 person registered under the Money Laundering Regulations 34		RDC
Regulations 81(2) and 81 (6)34	when34 the FCA is proposing or deciding to impose a civil penalty under regulations 76, 77 or 78*34		RDC
Note: (1) The RDC will take the decision to give the notice under regulation 59(4)(b) if representations are made in response to the notice under regulation 59(3)(b) proposing to refuse the registration application.34

4Regulated Covered Bonds Regulations 2008	Description	Handbook reference	Decision maker
Regulation 13(4)/(5)(a)	when the FCA 18 is proposing or deciding to refuse an application under regulation 8 18	RCB 6	Executive procedures
Regulation 20(5)/(6)(a)	when the FCA 18 is proposing or deciding not to approve a material change 18	RCB 6	Executive procedures
Regulation 25(5)/(6)(a)	when the FCA 18 is proposing or deciding not to approve a change of ownership 18	RCB 6	Executive procedures
Regulation 32(1)(a)/ (2)(a)	before the FCA 18 gives a direction under regulation 30 or when it decides to make the direction 18	RCB 6	Executive procedures
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	RCB 6	Executive procedures
Regulation 35(1)/(3)	when the FCA 18 is proposing or deciding to impose a penalty on a person under regulation 34* 18	RCB 6	RDC

9Cross-Border Payments in Euro Regulations 2010	Description	Handbook reference	Decision maker
Regulations 7(1) and 7(3)	when the FCA 18 is proposing or deciding to impose a financial penalty* 18		RDC
Regulations 7(1) and 7(3)	when the FCA 18 is proposing or deciding to publish a statement that a payment service provider has contravened the EU Cross-Border Regulation* 18		RDC
Regulations 10(1) and 10(3)	when the FCA 18 is proposing or deciding to exercise its powers to require restitution* 18		RDC
Schedule paragraph 1	when the FCA 18 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		RDC
Schedule paragraph 1	when the FCA 18 is proposing or deciding to impose a financial penalty against a relevant person (Note 1) 18		RDC
Note: (1) The Cross-Border Payments in Euro Regulations do not require third party rights and access to FCA 18 material when the FCA 18 exercises this power. However, the FCA 18 generally intends to allow for third party rights and access to material when exercising this power. 18 18

13Electronic Money Regulations	Description	Handbook reference	Decision maker
Regulations 9(6) and 15	where the FCA 18 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		Executive procedures
Regulations 9(7)(a) and 15	when the FCA 18 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 FCA 18 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		RDC
Regulations 11(6), 11(9), 11(10)(b) and 15	when the FCA 18 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 FCA 18 is proposing to refuse to register an EEA branch of an authorised electronic money institution 18		Executive procedures
Regulation 29(3)(a)	when the FCA 18 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 FCA 18 is proposing or deciding to cancel the registration of an EEA branch of an authorised electronic money institution* 18		RDC
Regulation 34(9)	when the FCA 18 is proposing to refuse an application for registration as an agent 18		Executive procedures
Regulation 34(10)(a)	when the FCA 18 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 FCA 18 is proposing or deciding to remove an agent from the Financial Services Register 18 otherwise than at the request of the electronic money institution * 18		RDC
Regulations 53(1) and 53(3)	when the FCA 18 is proposing, or deciding, to publish a statement that an electronic money issuer has contravened the Electronic Money Regulations * 18		RDC
Regulations 53 (1) and 53 (3)	when the FCA 18 is proposing or deciding, to impose a financial penalty * 18		RDC
Regulations 53(1) and 53(3)	When the FCA 18 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		RDC
Regulations 56(1) and 56(3)	when the FCA 18 is proposing or deciding to exercise its powers to require restitution * 18		RDC
Regulation 74(7)	when the FCA 18 is proposing to decide not to include a person on the register 18		Executive procedures
Regulation 74(8) (a)	when the FCA 18 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 RDC 24
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		Executive procedures
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 FCA 18 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		RDC
Schedule 3, paragraph 1	when the FCA 18 is proposing or deciding to impose a financial penalty against a relevant person (Note 2) 18		RDC
Notes: (1) The RDC will take the decision to give the notice exercising the FCA's 18 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 FCA 18 material when the FCA 18 exercises this power. However, the FCA 18 generally intends to allow for third party rights and access to material when exercising this power. 18 18 18 18

16Recognised Auction Platforms Regulations 2011	Description	Handbook reference	Decision maker
Regulation 5A	where the FCA 18 is proposing or deciding to publish a statement censuring an RAP, or to impose a financial penalty on an RAP 18	REC 2A.4	RDC

20Alternative Investment Fund Managers Regulations 2013	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		Executive procedures
Regulation 13(2)(a), article 14b of the EuVECA regulation and article 15b of the EuSEF regulation 42	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		RDC
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		RDC
31Regulation 23B(1)	where the FCA proposes to refuse an application made by a UK AIF for authorisation as a UK ELTIF		Executive procedures
31Regulation 23B(2)(a)	where the FCA decides to refuse an application made by a UK AIF for authorisation as a UK ELTIF		Executive procedures where no representations are made in response to a warning notice otherwise by the RDC
31Regulation 23C(1)	where the FCA proposes to revoke the authorisation of a UK ELTIF		RDC
31Regulation 23C(2)(a)	where the FCA decides to revoke the authorisation of a UK ELTIF		RDC
42Regulation 23E(1)	where the FCA proposes to refuse an application for registration as a qualifying social entrepreneurship fund or a qualifying venture capital fund		Executive procedures
42Regulation 23E(2)(a)	where the FCA decides to refuse an application for registration as a qualifying social entrepreneurship fund or a qualifying venture capital fund		Executive procedures where no representations are made in response to a warning notice otherwise by the RDC
42Regulation 23F(1)	where the FCA proposes to revoke the registration of a qualifying social entrepreneurship fund or a qualifying venture capital fund		RDC
42Regulation 23F(2)(a)	where the FCA decides to revoke the registration of a qualifying social entrepreneurship fund or a qualifying venture capital fund		RDC
42Regulation 23H(1)	where the FCA proposes to refuse an application for authorisation as a money market fund		Executive procedures
42Regulation 23H(2)(a)	where the FCA decides to refuse an application for authorisation as a money market fund		Executive procedures where no representations are made in response to a warning notice otherwise by the RDC
42Regulation 23I(1)	where the FCA proposes to revoke the authorisation of a money market fund		RDC
42Regulation 23I(2)(a)	where the FCA decides to revoke the authorisation of a money market fund		RDC
Regulation 25(2)	where the FCA proposes to disqualify an external valuer		RDC
Regulation 25(3)(a)	where the FCA decides to disqualify an external valuer		RDC
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		Executive procedures
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		Executive procedures
Regulation 56	where the FCA is proposing to revoke a full-scope UK AIFM's approval to market an AIF under regulation 54		RDC
Regulation 56	where the FCA is deciding to revoke a full-scope UK AIFM's approval to market an AIF under regulation 54		RDC
Regulation 62(2)	where the FCA proposes to revoke an AIFM's entitlement to market an AIF		RDC
Regulation 62(3)	where the FCA decides to revoke the entitlement of an AIFM to market an AIF		RDC
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		RDC
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		RDC

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*		RDC
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)*		RDC

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*		RDC
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*		RDC
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*		RDC

39The Co-operative and Community Benefit Societies Act 2014	Description	Handbook reference	Decision maker
Sections 6 and 8	where the FCA gives at least two months’ notice of the proposed cancellation or suspension of the registration of a registered society		Executive procedures
Sections 6 to 8	where the FCA is proposing to cancel or suspend the registration of a registered society relying on condition C, D or E in section 5		Executive procedures where no representations are made in response to a notice of proposed cancellation, otherwise by the RDC
Section 123	where the FCA is proposing to petition for the winding up of a registered society		RDC
Section 132	where the FCA is proposing to prosecute a registered society		Executive procedures or RDC

25The Immigration Act 2014 (Bank Accounts39) Regulations 2014	Description	Handbook reference	Decision maker
Regulation 24 and 25	where the FCA is proposing or deciding to publish a statement (under regulations 15 or 16) or impose a financial penalty (under regulation 17) or impose a restriction on permission (under regulation 18) or suspend or restrict an approval (under regulation 19)*		RDC

26The Mortgage Credit Directive Order 2015	Description	Handbook reference	Decision maker
Article 11(1)	when the FCA is proposing to refuse an application for entry on the register or variation of an existing entry on the register		Executive procedures
Article 11(2)	when the FCA is deciding to refuse an application for entry on the register or variation of an existing entry on the register		Executive procedures where no representations are made in response to a warning notice, otherwise by the RDC
Articles 14(1), 14(2), 16(3) and 16(4)	when the FCA is proposing or deciding to revoke or suspend the registration of a registered CBTL firm other than at the firm’s request or with the firm’s consent*		RDC
Article 23(4)	when the FCA is proposing or deciding to publish a statement (under section 205 of the Act) or impose a financial penalty (under section 206 of the Act)*		RDC

28The Small and Medium Sized Business (Credit Information) Regulations 2015	Description	Handbook reference	Decision maker
Regulations 39 and 40	when the FCA is proposing or deciding to publish a statement (under regulation 28), or impose a financial penalty (under regulation 29), or impose a limitation or restriction (under regulation 30), or exercise the power to require restitution (under regulation 32(2)		RDC

36Markets in Financial Instruments Regulations 2017	Description	Handbook reference	Decision maker
Paragraphs 12(1)(a) and 13(1)(a) of Schedule 1	when the FCA is proposing or deciding to publish a statement		RDC
Paragraphs 12(1)(b) and 13(1)(b) of Schedule 1	when the FCA is proposing or deciding to impose a penalty		RDC
Paragraph 21(1) and 21(7) of Schedule 1	when the FCA is proposing or deciding to require restitution		RDC

33Data Reporting Services Regulations 2017	Description	Handbook reference	Decision maker
Regulation 10(8)(a)	when the FCA is proposing to impose a restriction on the applicant for authorisation as a data reporting services provider		Executive procedures
Regulation 10(9)(b)	when the FCA is deciding to impose a restriction on the applicant for authorisation as a data reporting services provider		RDC or executive procedures (see Note 1)
Regulations 8(5) and 10(8)(b)	when the FCA is proposing to refuse an application for verification or authorisation as a data reporting services provider		Executive procedures
Regulations 8(6)(b) and 10(9)(c)	when the FCA is deciding to refuse an application for verification or authorisation as a data reporting services provider		RDC or executive procedures (see Note 2)
Regulations 8(9), 11(4)(a) and 11(5)(b)(i)	when the FCA is proposing or deciding to cancel a verification or the authorisation of a data reporting services provider otherwise than at its request		RDC
Regulations 8(9), 11(4)(a) and 11(5)(b)(i)	when the FCA is proposing to refuse a request to cancel a verification or authorisation of a data reporting services provider		Executive procedures
Regulations 8(9) and 11(5)(b)(ii)	when the FCA is deciding to refuse a request to cancel a verification authorisation of a data reporting services provider		RDC or executive procedures (see Note 2)
Regulations 8(10) and 12(3)	when the FCA is proposing to refuse a request to vary a verification or the authorisation of a data reporting services provider		Executive procedures
Regulations 8(10) and 12(4)	when the FCA is deciding to refuse a request to vary a verification or the authorisation of a data reporting services provider		RDC or executive procedures (see Note 1)
36Regulations 25(1)(a) and 26(1)(a)	when the FCA is proposing or deciding to publish a statement		RDC
36Regulations 25(1)(b) and 26(1)(b)	when the FCA is proposing or deciding to impose a financial penalty		RDC
36Regulation 36(1) and 36(7)	when the FCA is proposing or deciding to require restitution		RDC
Notes: 1) If representations are made in response to a warning notice, then the RDC will take the decision to give a decision notice if the action proposed involves: (a) restricting a person from providing a data reporting service; or (b) refusing an application to include a type of activity in a verification or authorisation. In all other cases, the decision to give a decision notice will be taken by FCA staff under executive procedures. (2) If representations are made in response to a warning notice then the RDC will take the decision to give a decision notice. Otherwise the decision to give a decision notice will be taken by FCA staff under executive procedures.

30The Payment Accounts Regulations 2015	Description	Handbook reference	Decision maker
Regulation 34 and Regulation 35(4)(a)	when the FCA is proposing or deciding to publish a statement or impose a financial penalty*		RDC

32The Small and Medium Sized Business (Finance Platforms) Regulations 2015	Description	Handbook reference	Decision maker
Regulations 36 and 37	when the FCA is proposing or deciding to publish a statement (under regulation 25), or impose a financial penalty (under regulation 26), or impose a limitation or restriction (under regulation 27), or exercise the power to require restitution (under regulation 29(2)).		RDC

38The Risk Transformation Regulations 2017	Description	Handbook reference	Decision maker
Regulation 22	when the FCA is proposing or deciding to refuse an application to register a protected cell company	Not applicable	Executive procedures
Regulation 28	when the FCA is proposing or deciding to refuse approval of a proposed amendment to a protected cell company’'s instrument of incorporation	Not applicable	Executive procedures

40Packaged Retail and Insurance-based Investment Products Regulations 2017	Description	Handbook reference	Decision maker
Regulations 10(1) and 10(4)	when the FCA is proposing or deciding to take action against a person under regulation 6*		RDC
Paragraph 5(7) of Schedule 1	when the FCA is proposing or deciding to exercise the power under section 384(5) of the Act to require a person to pay restitution*		RDC

41UK Benchmarks Regulations 2018	Description	Handbook reference	Decision maker
Regulation 6(5)	when the FCA is proposing or deciding to refuse an application for the imposition of a requirement under regulation 6 or for the variation or cancellation of a requirement imposed under regulation 6		Executive Procedures
Regulations 12(1)(a) and 13(1)(a)	when the FCA is proposing or deciding to publish a statement under regulation 10		RDC
Regulations 12(1)(b) and 13(1)(b)	when the FCA is proposing or deciding to impose a financial penalty under regulation 11		RDC
Regulations 22(1), 22(2) and 22(7)	when the FCA is proposing or deciding to require restitution under regulation 22		RDC

44UK Securitisation Regulations	Description	Handbook reference	Decision maker
Regulation 19(1)(a) and 20(1)(a)	when the FCA is proposing or deciding to impose a temporary prohibition relating to management functions under regulation 5		RDC
Regulation 19(1)(b) and 20(1)(b)	when the FCA is proposing or deciding to publish a statement under regulation 7		RDC
Regulation 19(1)(c) and 20(1)(c)	when the FCA is proposing or deciding to impose a financial penalty under regulation 8		RDC
Regulation 19(1)(d) and 20(1)(d)	when the FCA is proposing or deciding to refuse an application under regulation 13		RDC or executive procedures (see Note)
Regulation 19(1)(e) and 20(1)(e)	when the FCA is proposing or deciding to cancel the authorisation of a third-party verification service otherwise than at its request under regulation 16		RDC
Regulation 19(1)(f) and 20(1)(f)	when the FCA is proposing or deciding to refuse a request to cancel the authorisation of a third-party verification service under regulation 17		RDC or executive procedures (see Note)
Paragraph 1 of Schedule 1	when the FCA is proposing or deciding to take action against an individual by exercising the disciplinary powers conferred by section 66*49, as applied by paragraph 1 of schedule 1		RDC
Paragraph 4 of Schedule 1	when the FCA is proposing or deciding to publish a statement (under section 205)49, impose a financial penalty (under section 206)49, or suspend a permission or impose a restriction in relation to the carrying on of a regulated activity (under section 206A) as applied by paragraph 4 of schedule 1		RDC
Paragraph 6 of Schedule 1	when the FCA is proposing or deciding to require restitution		RDC
[Note: The decision to give a warning notice will be taken by FCA staff under executive procedures. If representations are made in response to a warning notice then the RDC will take the decision to give a decision notice. Otherwise the decision to give a decision notice will be taken by FCA staff under executive procedures.]

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DEPP 2 Annex 1 Warning notices and decision notices under the Act and certain other enactments