Related provisions for SUP 8.3.8
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(1) 58The PRA’s7 preferred method of submission for waiver applications is by e-mail.8 The FCA’s preferred method of submission for waiver applications is through online submission via the FCA’s website at www.fca.org.uk.75(2) The form is available on the appropriate regulator's website.8558
The appropriate regulator8 will treat a firm's application for a waiver as withdrawn if it does not hear from the firm within 20 business days of sending a communication which requests or requires a response from the firm. The appropriate regulator8 will not do this if the firm has made it clear to the appropriate regulator8 in some other way that it intends to pursue the application. 3888
For an application for a waiver of the presumption of contravention of a binding rule, which is actionable under section 138D8 of the Act, the appropriate regulator8 would normally wish to be satisfied that the evidential rule is itself unduly burdensome or does not achieve the purpose of the rule.288
The appropriate regulator3 is required by sections 138B(1) and (2)3 of the Act to publish a waiver unless it is satisfied that it is inappropriate or unnecessary to do so. If the appropriate regulator3 publishes a waiver, it will not publish details of why a waiver was required or any of the supporting information given in a waiver application.333
If, after taking into account the matters in SUP 8.3.3 D to SUP 8.6.6 G, a firm believes there are good grounds for the appropriate regulator3 either to withhold publication or to publish the waiver without disclosing the identity of the firm, it should make this clear in its application. If the appropriate regulator3proposes to publish a waiver against the wishes of the firm, the appropriate regulator3 will give the firm the opportunity to withdraw its application before the
Once the appropriate regulator1 has given a waiver, it may vary it with the firm's consent, or on the firm's application. If a firm wishes the appropriate regulator1 to vary a waiver, it should follow the procedures in SUP 8.3.3 D, giving reasons for the application. In a case where a waiver has been given to a number of firms (see SUP 8.3.10 G), if the appropriate regulator1wishes to vary such waivers with the consent of those firms, it will follow the procedures in SUP 8.3.10