Financial Services and Markets Bill - continued        House of Lords
PART IV, PERMISSION TO CARRY ON REGULATED ACTIVITIES - continued

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Additional permissions
Authority's duty to consider other permissions etc.     48. - (1) "Additional Part IV permission" means a Part IV permission which is in force in relation to an EEA firm, a Treaty firm or a person authorised as a result of paragraph 1(1) of Schedule 5.
 
      (2) If the Authority is considering whether, and if so how, to exercise its own-initiative power under this Part in relation to an additional Part IV permission, it must take into account-
 
 
    (a) the home State authorisation of the authorised person concerned;
 
    (b) any relevant directive; and
 
    (c) relevant provisions of the Treaty.
 
Procedure
Applications under this Part.     49. - (1) An application for a Part IV permission must-
 
 
    (a) contain a statement of the regulated activity or regulated activities which the applicant proposes to carry on and for which he wishes to have permission; and
 
    (b) give the address of a place in the United Kingdom for service on the applicant of any notice or other document which is required or authorised to be served on him under this Act.
      (2) An application for the variation of a Part IV permission must contain a statement-
 
 
    (a) of the desired variation; and
 
    (b) of the regulated activity or regulated activities which the applicant proposes to carry on if his permission is varied.
      (3) Any application under this Part must-
 
 
    (a) be made in such manner as the Authority may direct; and
 
    (b) contain, or be accompanied by, such other information as the Authority may reasonably require.
      (4) At any time after receiving an application and before determining it, the Authority may require the applicant to provide it with such further information as it reasonably considers necessary to enable it to determine the application.
 
      (5) Different directions may be given, and different requirements imposed, in relation to different applications or categories of application.
 
      (6) The Authority may require an applicant to provide information which he is required to provide under this section in such form, or to verify it in such a way, as the Authority may direct.
 
Determination of applications.     50. - (1) An application under this Part must be determined by the Authority before the end of the period of six months beginning with the date on which it received the completed application.
 
      (2) The Authority may determine an incomplete application if it considers it appropriate to do so; and it must in any event determine such an application within twelve months beginning with the date on which it received the application.
 
      (3) The applicant may withdraw his application, by giving the Authority written notice, at any time before the Authority determines it.
 
      (4) If the Authority grants an application for, or for variation of, a Part IV permission, it must give the applicant written notice.
 
      (5) The notice must state the date from which the permission, or the variation, has effect.
 
      (6) If the Authority proposes-
 
 
    (a) to give a Part IV permission but to exercise its power under section 40(7)(a) or (b) or 41(1), or
 
    (b) to vary a Part IV permission on the application of an authorised person but to exercise its power under any of those provisions (as a result of section 42(5)),
       it must give the applicant a warning notice.
 
      (7) If the Authority proposes to refuse an application made under this Part, it must (unless subsection (8) applies) give the applicant a warning notice.
 
      (8) This subsection applies if it appears to the Authority that-
 
 
    (a) the applicant is an EEA firm; and
 
    (b) the application is made with a view to carrying on a regulated activity in a manner in which the applicant is, or would be, entitled to carry on that activity in the exercise of an EEA right whether through a United Kingdom branch or by providing services in the United Kingdom.
      (9) If the Authority decides-
 
 
    (a) to give a Part IV permission but to exercise its power under section 40(7)(a) or (b) or 41(1),
 
    (b) to vary a Part IV permission on the application of an authorised person but to exercise its power under any of those provisions (as a result of section 42(5)), or
 
    (c) to refuse an application under this Part,
       it must give the applicant a decision notice.
 
Exercise of own-initiative power: procedure.     51. - (1) This section applies to an exercise of the Authority's own-initiative power to vary an authorised person's Part IV permission.
 
      (2) A variation takes effect-
 
 
    (a) immediately, if the notice given under subsection (4) states that that is the case;
 
    (b) on such date as may be specified in the notice; or
 
    (c) if no date is specified in the notice, when the matter to which the notice relates is no longer open to review.
      (3) A variation may be expressed to take effect immediately (or on a specified date) only if the Authority, having regard to the ground on which it is exercising its own-initiative power, reasonably considers that it is necessary for the variation to take effect immediately (or on that date).
 
      (4) If the Authority proposes to vary the Part IV permission, or varies it with immediate effect, it must give the authorised person written notice.
 
      (5) The notice must-
 
 
    (a) give details of the variation;
 
    (b) state the Authority's reasons for the variation and for its determination as to when the variation takes effect;
 
    (c) inform the authorised person that he may make representations to the Authority within such period as may be specified in the notice (whether or not he has referred the matter to the Tribunal);
 
    (d) inform him of when the variation takes effect; and
 
    (e) inform him of his right to refer the matter to the Tribunal.
      (6) The Authority may extend the period allowed under the notice for making representations.
 
      (7) If, having considered any representations made by the authorised person, the Authority decides-
 
 
    (a) to vary the permission in the way proposed, or
 
    (b) if the permission has been varied, not to rescind the variation,
       it must give him written notice.
 
      (8) If, having considered any representations made by the authorised person, the Authority decides-
 
 
    (a) not to vary the permission in the way proposed,
 
    (b) to vary the permission in a different way, or
 
    (c) to rescind a variation which has effect,
       it must give him written notice.
 
      (9) A notice given under subsection (7) must inform the authorised person of his right to refer the matter to the Tribunal.
 
      (10) A notice under subsection (8)(b) must comply with subsection (5).
 
      (11) If a notice informs a person of his right to refer a matter to the Tribunal, it must give an indication of the procedure on such a reference.
 
      (12) For the purposes of subsection (2)(c), whether a matter is open to review is to be determined in accordance with section 384(8).
 
Cancellation of Part IV permission: procedure.     52. - (1) If the Authority proposes to cancel an authorised person's Part IV permission otherwise than at his request, it must give him a warning notice.
 
      (2) If the Authority decides to cancel an authorised person's Part IV permission otherwise than at his request, it must give him a decision notice.
 
 
References to the Tribunal
Right to refer matters to the Tribunal.     53. - (1) An applicant who is aggrieved by the determination of an application made under this Part may refer the matter to the Tribunal.
 
      (2) An authorised person who is aggrieved by the exercise of the Authority's own-initiative power may refer the matter to the Tribunal.
 
 
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