Financial Services Act 1986 (Repealed)

Section 189.

F1SCHEDULE 14U.K. Restriction of Rehabilitation of Offenders Act 1974

Part IU.K. Exempted Proceedings

1Any proceedings with respect to a decision or proposed decision of the Secretary of State or a designated agency—

(a)refusing, withdrawing or suspending an authorisation;

(b)refusing an application under section 28(5) of this Act;

(c)giving a direction under section 59 of this Act or refusing an application for consent or for the variation of a consent under that section;

(d)exercising a power under Chapter VI of Part I of this Act or refusing an application for the recission or variation of a prohibition or requirement imposed under that Chapter;

(e)refusing to make or revoking an order declaring a collective investment scheme to be an authorised unit trust scheme or a recognised scheme.

2Any proceedings with respect to a decision or proposed decision of a recognised self-regulating organisation—

(a)refusing or suspending a person’s membership of the organisation;

(b)expelling a member of the organisation;

(c)exercising a power of the organisation for purposes corresponding to those of Chapter VI of Part I of this Act.

3(1)Any proceedings with respect to a decision or proposed decision of a recognised professional body—

(a)refusing or suspending a person’s membership of the body;

(b)expelling a member of the body.

(2)Any proceedings with respect to a decision or proposed decision of a recognised professional body or of any other body or person having functions in respect of the enforcement of the recognised professional body’s rules relating to the carrying on of investment business—

(a)exercising a power for purposes corresponding to those of Chapter VI of Part I of this Act;

(b)refusing, suspending or withdrawing a certificate issued for the purposes of Part I of this Act.

4Any proceedings with respect to a decision or proposed decision of the competent authority under Part IV of this Act refusing an application for listing or to discontinue or suspend the listing of any securities.

5Any proceedings with respect to a decision or proposed decision of the Chief Registrar of friendly societies, the Registrar of Friendly Societies for Northern Ireland or a transferee body, exercising a power exercisable by virtue of paragraph 23 of Schedule 11 to this Act or refusing an application for the recission or variation of a prohibition or requirement imposed in the exercise of such a power.

6Any proceedings with respect to a decision or proposed decision of a recognised self-regulating organisation for friendly societies—

(a)refusing or suspending a society’s membership of the organisation;

(b)expelling a member of the organisation;

(c)exercising a power of the organisation for purposes corresponding to those for which powers are exercisable by the Registrar by virtue of paragraph 23 of Schedule 11 to this Act.

Part IIU.K. Exempted Questions

Part IIIU.K. Exempted Actions

Part IVU.K. Supplemental

1In Part I of this Schedule “proceedings” includes any proceedings within the meaning of section 4 of the M1Rehabilitation of Offenders Act 1974.

2In Parts II and III of this Schedule—

(a)references to an applicant for authorisation, membership or certification are references to an applicant who has not yet been informed of the decision on his application;

(b)references to an application for listing under Part IV of this Act are references to an application the decision on which has not yet been communicated to the applicant and which is not taken by virtue of section 144(5) of this Act to have been refused.

3Paragraph 1(d) of Part II of this Schedule and so much of paragraph 1(e) as relates to it—

(a)apply only if the question is put to elicit information for the purpose of determining whether the operator or trustee is a fit and proper person to act as operator or trustee of the scheme in question;

(b)apply in the case of a scheme in respect of which a notice has been given under subsection (3) of section 87 only until the end of the period within which the operator may receive a notification from the Secretary of State under that subsection or, if earlier, the receipt by him of such a notification;

(c)apply in the case of a scheme in respect of which an application has been made under section 88 only until the applicant has been informed of the decision on the application.