PART 6 Notices

29 Application of Part 26 of the 2000 Act
1 Part 26 (notices) of the 2000 Act applies with respect to the discharge by the FCA of its functions under regulations 24 (requirement to issue warning notice), 25 (requirement to issue decision notice) or 26 (notices: other interested parties and third party rights) as if references to the PRA in that Part were omitted.
Part 26 is amended by paragraph 11 of Schedule 4 to the Regulation of Investigatory Powers Act 2000 (c.23), sections 13 and 24 of and paragraphs 28 and 29 of Schedule 2 to the Financial Services Act 2010, sections 17, 18, 19 and 24 of and paragraph 37 of Schedule 8, Schedule 9 and paragraph 8 of Schedule 13 to the Financial Services Act 2012, section 4 of and Schedule 3 to the Financial Services (Banking Reform) Act 2013, S.I. 2005/381, S.I. 2005/1433, S.I. 2007/126, S.I. 2007/1973, S.I. 2009/534, S.I. 2010/22, S.I. 2010/747, S.I. 2012/916, S.I. 2013/1388 and S.I. 2013/3115.
2 With respect to the discharge by the FCA of its functions under regulations 24, 25 or 26—
(a) section 387 (warning notices) of the 2000 Act applies as if subsections (1A) and (3A) were omitted;
(b) section 388 (decision notices) of the 2000 Act applies as if subsections (1A) and (2) were omitted;
(c) section 390 (final notices) of the 2000 Act applies as if—
(i) subsections (6) and (10) were omitted;
(ii) in subsection (7) for “In any other case, the” the word “The” were substituted, and
(iii) in subsection (8) the words “or (6)(c)” were omitted;
(d) section 391 (publication) of the 2000 Act applies as if—
(i) subsections (1), (1ZB), (5), (5A), (6A), (7A), (7B), (8), (10) and (11) were omitted, and
(ii) for subsection (1ZA) were substituted—

“1ZA Neither the FCA nor a person to whom a warning notice is given or copied may publish the notice or any details concerning it.”

;
(e) sections 393 (third party rights) and 394 (access to FCA or PRA material) of the 2000 Act apply in respect of a warning notice or a decision notice given in accordance with these Regulations;
(f) Section 395 (the FCA’s and PRA’s procedures) of the 2000 Act applies as if—
(i) for subsection (1) there were substituted—

“1 The FCA must determine the procedure that it proposes to follow in relation to a decision which gives rise to an obligation for it to give a warning notice or decision notice.”

;
(ii) for subsection (2) there were substituted—

“2 That procedure must be designed to secure, among other things, that a decision falling within subsection (1) is taken—
(a) by a person not directly involved in establishing the evidence on which the decision is based, or
(b) by 2 or more persons who include a person not directly involved in establishing that evidence.”

;
(iii) subsections (3), (4), (9A) and (13) were omitted, and
(iv) in subsection (9), the words “supervisory notice, or a” and “other than a warning notice or decision notice relating to a decision of the PRA that is required by a decision of the FCA of the kind mentioned in subsection (1)(b)(ii)” were omitted.