Section 138H: Verification of rules

Financial Services and Markets Act 2000 · 2000 c. 8View on legislation.gov.uk

Part 9A: Rules and Guidance — CHAPTER 2: Rules: modification, waiver, contravention and procedural provisions

The production of a printed copy of a rule-making instrument purporting to be made by a regulator—

on which is endorsed a certificate signed by a member of staff of that regulator who is authorised by the regulator for that purpose, and
which contains the required statements,

is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.

The required statements are—

that the instrument was made by the FCA or the PRA (as the case may be),
that the copy is a true copy of the instrument, and
that on a specified date the instrument was made available to the public in accordance with section 138G(4).

A certificate purporting to be signed as mentioned in subsection (1) is to be taken to have been properly signed unless the contrary is shown.

A person who wishes in any legal proceedings to rely on a rule-making instrument may require the regulator that made the rule to endorse a copy of the instrument with a certificate of the kind mentioned in subsection (1).

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