SCHEDULE 3Application and modification of legislation

PART 1Application and modification of the 2000 Act

The Tribunal2

M1Part 9 of the 2000 Act (hearings and appeals) applies in respect of references to the Upper Tribunal made under these Regulations as it applies in respect of references to the Upper Tribunal made under that Act, with the following modifications—

a

in section 133 M2 (proceedings before Tribunal: general provision)—

i

omit subsection (1)(b) and (c);

ii

in subsection (2) in the definition of “relevant decision” omit “, (b) or (c)”;

F1iia

for subsection (7A) substitute—

7A

A reference is a “disciplinary reference” for the purposes of this section if it is in respect of any of the following decisions—

a

a decision to publish a statement under regulation 50 of the Electronic Money Regulations 2011;

b

a decision to impose a penalty under regulation 51 of those Regulations;

c

a decision to suspend or impose a restriction on authorisation under regulation 52 of those Regulations;

d

a decision to take action under section 66 of the 2000 Act as applied by those Regulations;

e

a decision to take action under section 345 of the 2000 Act as applied by those Regulations.

b

in section 133A (decision and supervisory notices, etc)—

i

in subsection (1) omit “, as a result of section 388(2),”; and

F2ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

in section 133B (offences)—

i

omit subsection (1)(b) and (c); and

ii

in subsection (4)(a) for “the statutory maximum” substitute “ level 5 on the standard scale ”.