Section 309D: Varying and withdrawing Part 18 prohibition orders

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

Part XVIII: Recognised investment exchanges, clearing houses , CSDs and other parties — CHAPTER 2A: Performance of functions of recognised bodies

This section applies where the appropriate regulator has made a Part 18 prohibition order in relation to an individual.

The appropriate regulator may vary or revoke the Part 18 prohibition order on the application of the individual.

Before varying or revoking a Part 18 prohibition order, the appropriate regulator must comply with such consultation requirements as may be prescribed.

On an application for the variation or revocation of a Part 18 prohibition order—

if the appropriate regulator decides to grant the application, it must give the applicant written notice of its decision;
if the appropriate regulator proposes to refuse the application, it must give the applicant a warning notice;
if the appropriate regulator decides to refuse the application, it must give the applicant a decision notice.

If the appropriate regulator gives the applicant a decision notice under subsection (4)(c), the applicant may refer the matter to the Tribunal.

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