§ 217 — Saving and transitional provisions in relation to amendments to Financial Advisers Act 2001

217.—(1) Any prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)(b) and (2) to (7) of this Act (called in this section the repeal date) and which was in force immediately before the repeal date continues in force until the prohibition order expires or is revoked and sections 68 to 71, section 77 and Part 9 (“Appeals”), of the Financial Advisers Act 2001 in force immediately before the repeal date continue to apply to that prohibition order as if section 200(1)(b) and (2) to (7) of this Act had not been enacted.(2) Where — (a)

the Authority had under section 68(3) of the Financial Advisers Act 2001 as in force immediately before the repeal date given a person an opportunity to be heard against the making of a proposed prohibition order under section 68(1) of that Act as in force immediately before the repeal date; and

(b)

the Authority had not before the repeal date —(i)

made the prohibition order against the person under section 68(1) of the Financial Advisers Act 2001; or

(ii)

informed the person that the Authority would not be making the prohibition order against the person under section 68(1) of the Financial Advisers Act 2001,

then —

(c)

the Authority may make the prohibition order against the person under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the repeal date; and

(d)

sections 68 to 71, section 77 and Part 9 (“Appeals”), of the Financial Advisers Act 2001 as in force immediately before the repeal date continue to apply to the prohibition order,

as if section 200(1)(b) and (2) to (7) of this Act had not been enacted.

—(1) Any prohibition order made under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the date of commencement of section 200(1)(b) and (2) to (7) of this Act (called in this section the repeal date) and which was in force immediately before the repeal date continues in force until the prohibition order expires or is revoked and sections 68 to 71, section 77 and Part 9 (“Appeals”), of the Financial Advisers Act 2001 in force immediately before the repeal date continue to apply to that prohibition order as if section 200(1)(b) and (2) to (7) of this Act had not been enacted.

(2) Where — (a)

the Authority had under section 68(3) of the Financial Advisers Act 2001 as in force immediately before the repeal date given a person an opportunity to be heard against the making of a proposed prohibition order under section 68(1) of that Act as in force immediately before the repeal date; and

(b)

the Authority had not before the repeal date —(i)

made the prohibition order against the person under section 68(1) of the Financial Advisers Act 2001; or

(ii)

informed the person that the Authority would not be making the prohibition order against the person under section 68(1) of the Financial Advisers Act 2001,

then —

(c)

the Authority may make the prohibition order against the person under section 68(1) of the Financial Advisers Act 2001 as in force immediately before the repeal date; and

(d)

sections 68 to 71, section 77 and Part 9 (“Appeals”), of the Financial Advisers Act 2001 as in force immediately before the repeal date continue to apply to the prohibition order,

as if section 200(1)(b) and (2) to (7) of this Act had not been enacted.