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 |
||
6055X(1)(f) |
when the FCA is proposing to grant an application for approver permission but subject to terms which were not sought in the application |
||
6055X(1)(g) |
when the FCA is proposing to grant an application to vary the terms of a firm’s approver permission but making different changes to those sought in the application |
||
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 |
||
6055X(2) |
when the FCA is proposing to refuse an application for approver permission |
||
6055X(2) |
when the FCA is proposing to refuse an application for the variation or cancellation of a firm’s approver permission |
||
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 |
||
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 |
||
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)(ea)60 |
when the FCA is deciding to grant an application for approver permission but subject to terms which were not sought in the application |
||
6055X(4)(eb) |
when the FCA is deciding to grant an application to vary the terms of a firm’s approver permission but making different changes to those sought in the application |
||
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 |
||
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 |
||
6055X(4)(f) |
when the FCA is deciding to refuse an application for approver permission |
||
6055X(4)(f) |
when the FCA is deciding to refuse an application for the variation or cancellation of a firm’s approver permission |
||
55Z(1) 55Z(2)18 18 |
when the FCA18 is proposing or deciding to cancel a firm's Part 4A permission18 or approver permission60 otherwise than at the firm’s 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 67 |
||
62(2) |
when the FCA18 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 |
||
62(3) |
when the FCA18 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 |
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 |
||
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 |
||
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 |
See DEPP 2.5.5G |
|
67(1)/(4) |
when the FCA18 is proposing or deciding to take action against an individual27 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 securities64 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 64for 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 |
||
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 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 Act29* 18 |
||
8131H(1)/ (4) |
when the FCA18 is proposing or deciding to take action against a person under section 131G* 18 |
||
27142T(1)/ (4) |
when the FCA is proposing or deciding to take action against a person under section 142S* |
||
57S143T(1) S143T(3) |
When the FCA is proposing or deciding to make a Part 9C prohibition order under S143S(2) of the Act |
||
57S143U(2) (b) S143U(2) (c) |
When the FCA is proposing or deciding to refuse an application for the variation or revocation of a prohibition order under S143U |
||
S143W(1) S143W(5) |
When the FCA is proposing or deciding to impose a penalty on a person under section 143V (2) of the Act |
||
S143X(1) S143X(5) |
When the FCA is proposing or deciding to publish a statement on a person under section 143P 143W((3) of the Act |
||
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) |
[deleted]45 1818 |
||
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 or an AUT to be a money market fund42 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. |
9 |
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 |
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 |
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) |
[deleted]45 1818 |
20 | |
63271H(2)/(3) |
when the FCA is proposing or deciding to refuse an application for recognition of a collective investment scheme under section 271A |
||
63271N(2)/(3)(a) |
when the FCA is proposing or deciding to revoke an order made under section 271A in relation to an OFR recognised scheme |
||
63271O(4)/(5)(a) |
when the FCA is proposing or deciding to refuse a request for the revocation of an order under section 271A in relation to an OFR recognised scheme |
||
63271R(3)/(4)(a) |
when the FCA is proposing or deciding to publish a statement censuring the operator of an OFR recognised scheme |
||
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 |
||
59282B |
when the FCA is proposing or deciding to publish a statement censuring the operator of a scheme recognised under section 272 of the Act. |
||
| 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 |
[deleted]45 1818 |
||
Paragraph 15A(5) of Schedule 3 |
[deleted]11 11 |
11 | |
11Paragraph 15B(2)18(a) of Schedule 3 18 |
[deleted]45 1818 |
||
Paragraph 19(8)/ (12) of Schedule 3 |
[deleted]45 1818 |
||
55Paragraph 5(6) of Schedule 6A |
when the FCA is proposing to refuse to annul a decision to exercise its additional own-initiative variation power58* |
||
55Paragraph 5(7) of Schedule 6A |
when the FCA is deciding to refuse to annul a decision to exercise its additional own-initiative variation power58* |
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 |
||
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) |
||
Section 65 |
where the FCA is proposing to petition for the winding up of a registered society |
||
Section 75 |
where the FCA is proposing to prosecute a registered society |
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 |
||
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 |
43 | |
43Article 63 |
where the FCA is proposing to petition for the winding up of a Northern Ireland credit union |
||
43Article 76 |
where the FCA is proposing to prosecute a Northern Ireland credit union |
||
| 1818 |
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 or an ICVC to be a money market fund42 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), 15 and 1935 |
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 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 |
||
Regulations 9(8)(a), 15 and 1935 |
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 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 |
||
Regulations 10(2), 10(3)(a), 15 and 1935 |
when the FCA18 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’s35 registration, otherwise than at that institution's own request* 18 |
||
Regulations 28(1) and 2635 |
[deleted]45 181835 |
||
Regulations 28(2)(a) and 2635 |
[deleted]45 181835 |
||
Regulations 28(1), 28(2)(a) and 2635 |
[deleted]45 181835 |
||
Regulation 34(8)35 |
when the FCA18 is proposing to refuse an application for registration as an agent 18 |
||
Regulation 34(9)(a)35 |
when the FCA18 is deciding to refuse an application for registration as an agent 18 |
||
Regulations 35(2) and 35(3)(a)35 |
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 112(1) and 112(3)35 |
when the FCA18 is proposing, or deciding, to impose a financial penalty* 18 |
||
Regulations 112(1) and 112(3)35 |
when the FCA18 is proposing, or deciding, to publish a statement that a payment service provider has contravened the Payment Services Regulations* 18 |
||
Regulations 115(1) and 115(3)35 |
when the FCA18 is proposing or deciding to exercise its powers to require restitution* 18 |
||
| 1818 | |||
| 1818 | 24 | ||
| 2435 | |||
| 2435 | |||
Schedule 635 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 635 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 |
|||
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 |
||
34Regulation 59(3)(b) |
when the FCA is proposing to refuse an application for registration |
||
34Regulation 59(4)(b) |
when the FCA is deciding to refuse an application for registration |
||
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 |
||
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 |
||
| 34 | |||
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 |
| 1818 | |||
| 1818 | |||
| 1818 | |||
| 1818 | |||
| 1818 | |||
[deleted]45 1818181818 |
|||
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 |
||
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 |
||
Regulation 29(2) |
[deleted]45 1818 |
||
Regulation 29(3)(a) |
[deleted]45 1818 |
||
Regulation 29(2) and Regulation 29(3)(a) |
[deleted]45 1818 |
||
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 |
||
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 |
||
| 1818 | |||
| 1818 | 24 | ||
| 24 | |||
| 24 | |||
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) [deleted]56 (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. 1818181818 |
|||
16Recognised Auction Platforms Regulations 2011 45 |
Description54 |
Handbook reference54 |
Decision maker54 |
Regulation 5A54 |
where the FCA is proposing or deciding to publish a statement censuring a RAP, or to impose a financial penalty on a RAP54 1818 |
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), article 14b of the RVECA regulation and article 15b of the SEF regulation454642 |
where the FCA decides to refuse an application for entry on the register of small registered UK AIFMs |
||
Regulation 18(1) |
where the FCA proposes to revoke the registration of a small registered UK AIFM including, where applicable, its registration as a SEF manager or RVECA manager4546 |
||
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 SEF manager or RVECA manager4546 |
||
31Regulation 23B(1) |
where the FCA proposes to refuse an application made by a UK AIF for authorisation as a UK LTIF45 |
||
31Regulation 23B(2)(a) |
where the FCA decides to refuse an application made by a UK AIF for authorisation as a UK LTIF45 |
||
31Regulation 23C(1) |
where the FCA proposes to revoke the authorisation of a UK LTIF45 |
||
31Regulation 23C(2)(a) |
where the FCA decides to revoke the authorisation of a UK LTIF45 |
||
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 |
||
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 |
||
42Regulation 23F(1) |
where the FCA proposes to revoke the registration of a qualifying social entrepreneurship fund or a qualifying venture capital fund |
||
42Regulation 23F(2)(a) |
where the FCA decides to revoke the registration of a qualifying social entrepreneurship fund or a qualifying venture capital fund |
||
42Regulation 23H(1) |
where the FCA proposes to refuse an application for authorisation as a money market fund |
||
42Regulation 23H(2)(a) |
where the FCA decides to refuse an application for authorisation as a money market fund |
||
42Regulation 23I(1) |
where the FCA proposes to revoke the authorisation of a money market fund |
||
42Regulation 23I(2)(a) |
where the FCA decides to revoke the authorisation of a money market fund |
||
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 SEF regulation or RVECA regulation4546 |
||
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 SEF regulation or RVECA regulation4546 |
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* |
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 |
||
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 |
||
Section 123 |
where the FCA is proposing to petition for the winding up of a registered society |
||
Section 132 |
where the FCA is proposing to prosecute a registered society |
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)* |
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 |
||
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 |
||
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* |
||
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)* |
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) |
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 |
||
Paragraphs 12(1)(b) and 13(1)(b) of Schedule 1 |
when the FCA is proposing or deciding to impose a penalty |
||
Paragraph 21(1) and 21(7) of Schedule 1 |
when the FCA is proposing or deciding to require restitution |
Description |
Handbook reference |
Decision maker |
|
Regulations 7(4)(a) and 9(8)(a) 61 |
when the FCA is proposing to impose a restriction on the applicant for verification or 61authorisation as a data reporting services provider |
||
Regulations 7(5)(b) and 9(9)(b)61 |
when the FCA grants verification or authorisation subject to the imposition of restrictions 61on the applicant for verification or 61authorisation as a data reporting services provider |
||
Regulations 7(4)(b) and 9(8)(b)61 |
when the FCA is proposing to refuse an application for verification or authorisation as a data reporting services provider |
||
Regulations 7(5)(c) and 9(9)(c)61 |
when the FCA refuses 61an application for verification or authorisation as a data reporting services provider |
||
Regulations 7(7), 10(4)(a) and 10(5)(b)(i)61 |
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 |
||
Regulations 7(7) and 10(4)(b)61 |
when the FCA is proposing to refuse a request to cancel a verification or authorisation of a data reporting services provider |
||
Regulations 7(7) and 10(5)(b)(ii)61 |
when the FCA is deciding to refuse a request to cancel a verification authorisation of a data reporting services provider |
||
Regulations 7(7) and 11(3)61 |
when the FCA is proposing to refuse a request to vary a verification or the authorisation of a data reporting services provider |
||
Regulations 7(7) and 11(4)61 |
when the FCA is deciding to refuse a request to vary a verification or the authorisation of a data reporting services provider |
||
when the FCA is proposing or deciding to publish a statement by exercising the power conferred by section 312E61 |
|||
when the FCA is proposing or deciding to impose a financial penalty by exercising the power conferred by section 312F61 |
|||
when the FCA is proposing or deciding to require restitution |
|||
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* |
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)). |
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 |
|
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 |
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* |
||
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* |
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 |
||
Regulations 12(1)(a) and 13(1)(a) |
when the FCA is proposing or deciding to publish a statement under regulation 10 |
||
Regulations 12(1)(b) and 13(1)(b) |
when the FCA is proposing or deciding to impose a financial penalty under regulation 11 |
||
Regulations 22(1), 22(2) and 22(7) |
when the FCA is proposing or deciding to require restitution under regulation 22 |
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 |
||
Regulation 19(1)(b) and 20(1)(b) |
when the FCA is proposing or deciding to publish a statement under regulation 7 |
||
Regulation 19(1)(c) and 20(1)(c) |
when the FCA is proposing or deciding to impose a financial penalty under regulation 8 |
||
Regulation 19(1)(d) and 20(1)(d) |
when the FCA is proposing or deciding to refuse an application under regulation 13 |
||
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 |
||
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 |
||
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 |
||
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 |
||
Paragraph 6 of Schedule 1 |
when the FCA is proposing or deciding to require restitution |
||
50Proxy Advisors (Shareholders’ Rights) Regulations |
Description |
Handbook reference |
Decision maker |
Regulation 11 |
when the FCA is proposing or deciding to publish a statement under regulation 11 |
||
Regulation 12 |
when the FCA is proposing or deciding to impose a financial penalty under regulation 12 |
||
Regulation 25 |
when the FCA is proposing or deciding to require restitution under regulation 25 |
||
Regulation 32 |
when the FCA is proposing or deciding to remove a proxy advisor from the public list. |
51OPBAS Regulations |
Description |
Handbook reference |
Decision maker |
Regulation 16 |
when the FCA is proposing or deciding to publish a statement censuring a self-regulatory organisation |
||
Regulation 17 |
when the FCA is proposing to make a recommendation to the Treasury that a self-regulatory organisation is removed from Schedule 1 to the Money Laundering Regulations |
||
Regulation 17 |
when the FCA is deciding to recommend to the Treasury that a self-regulatory organisation is removed from Schedule 1 to the Money Laundering Regulations |
47CRA (EU Exit) Regulations |
Description |
Handbook reference |
Decision maker |
Regulation 11(1)(a) and 12(1)(a) |
when the FCA is proposing or deciding to impose a penalty under regulation 7 |
||
Regulation 11(1)(b) and 12(1)(b) |
when the FCA is proposing or deciding to publish a statement under regulation 10 |
||
53Regulations 65(b) and 66(b) |
when the FCA is proposing or deciding to impose a financial penalty under regulation 68 |
48Trade Repositories (EU Exit) Regulations |
Description |
Handbook reference |
Decision maker |
Regulations 65(a) and 66(a) |
when the FCA is proposing or deciding to publish a statement under regulation 67 |
||
Regulations 65(b) and 66(b) |
when the FCA is proposing or deciding to impose a financial penalty under regulation 68 |
53Securitisation (Amendment) (EU Exit) Regulations |
Description |
Handbook reference |
Decision maker |
Regulations 65(a) and 66(a) of the Trade Repositories (EU Exit) Regulations as applied by regulation 15 |
when the FCA is proposing or deciding to publish a statement under regulation 67 of the Trade Repositories (EU Exit) Regulations as applied by regulation 15 |
||
Regulations 65(b) and 66(b) of the Trade Repositories (EU Exit) Regulations as applied by regulation 15 |
when the FCA is proposing or deciding to impose a financial penalty under regulation 68 of the Trade Repositories (EU Exit) Regulations as applied by regulation 15 |
52SFTR (EU Exit) Regulations |
Description |
Handbook reference |
Decision maker |
Regulations 26(1)(a) and 27(1)(a) |
when the FCA is proposing or deciding to publish a statement under regulation 28 |
||
Regulations 26(1)(b) and 27(1)(b) |
when the FCA is proposing or deciding to impose a financial penalty under regulation 29 |
65The Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023 |
Description |
Handbook reference |
Decision maker |
Section 207(1) and 208(1) of the Act as applied by Part 3 of the Schedule to the Regulations |
when the FCA is proposing or deciding to publish a statement or impose a financial penalty in respect of a sandbox entrant or a person participating under regulation 3(4) (under section 205 or 206 of the Act as applied by Part 3 of the Schedule to the Regulations)* |