Solon does not know this law's official route yet. The proposal is recorded all the same, and the route appears here once its source is added.
44 provisions
40 Undetermined applications
(1) Where an application referred to in paragraph (2) was made under the 2017 Regulations and had not been determined before the coming into force of these Regulations, the 2017 Regulations continue to have effect for the purposes of anything remaining to be done to determine that application.
(2) The applications are—
(a) an application for authorisation to provide a data reporting service under regulation 7 of the 2017 Regulations;
(b) an application for verification of compliance with the 2017 Regulations under regulation 8 of the 2017 Regulations;
(c) an application for a variation of an authorisation to provide a data reporting service or for a variation of verification of compliance with the 2017 Regulations under regulation 12 of the 2017 Regulations (including that regulation as applied by regulation 8(10) of those Regulations).
(3) Following the final determination of—
(a) an application referred to in paragraph (2)(a), any authorisation granted by the FCA is to be treated as though it had been granted under regulation 9 of these Regulations;
(b) an application referred to in paragraph (2)(b), any verification of compliance made by the FCA is to be treated as though it had been made under regulation 7 of these Regulations;
(c) an application referred to in paragraph (2)(c), any variation of an authorisation or verification of compliance is to be treated as though it had been granted under regulation 11 of these Regulations (including that regulation as applied by regulation 7(7)).
(1) This Regulation applies where, immediately before the coming into force of these Regulations a person has—
(a) a right to make a reference to the Tribunal in respect of any decision of the FCA—
(i) to refuse an application referred to in regulation 40(2),
(ii) in the case of an authorisation to provide a data reporting service, to grant the authorisation subject to restrictions under regulation 10 of the 2017 Regulations,
(iii) to cancel that person’s authorisation or verification of compliance with the 2017 Regulations under regulation 11 of the 2017 Regulations or to refuse a request to cancel that authorisation or verification under those Regulations; or
(b) a reference to the Tribunal has been made but not determined.
(2) These Regulations do not affect the reference to the Tribunal or the right to make a reference to the Tribunal.
(3) In this regulation, reference to a right to make a reference to the Tribunal includes a prospective right to make such a reference, where the decision concerned remains to be determined by the FCA immediately before the coming into force of these Regulations.
Any restriction imposed by the FCA in accordance with regulation 22 of the 2017 Regulations that was in effect immediately before the coming into force of these Regulations has effect from the coming into force of these Regulations as though it had been imposed under regulation 13 of these Regulations.
In this Part, reference to a final determination made in accordance with the 2017 Regulations includes the determination of any reference made to the Tribunal, where applicable.