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Financial Services and Markets Act 2000

Financial Services and Markets Act 2000 s 57

s 57 Prohibition orders: procedure and right to refer to Tribunal.

(1) If a regulator proposes to make a prohibition order it must give the individual concerned a warning notice. (2) The warning notice must set out the terms of the prohibition. (3) If a regulator decides to make a prohibition order it must give the individual concerned a decision notice. (4) The decision notice must— (a) name the individual to whom the prohibition order applies; (b) set out the terms of the order; and (c) be given to the individual named in the order. (5) A person against whom a decision to make a prohibition order is made may refer the matter to the Tribunal. (6) If— (a) the FCA proposes to make a prohibition order, and (b) as a result of the proposed order, an individual will be prohibited from performing a function of interest to the PRA, the FCA must consult the PRA before giving a warning notice under this section. (7) A function is of interest to the PRA if it is performed in relation to a regulated activity carried on by— (a) a PRA-authorised person, or (b) a person who is an exempt person in relation to a PRA-regulated activity carried on by the person. (8) The PRA must consult the FCA before giving a warning notice under this section. (9) If— (a) the FCA proposes to make a prohibition order which makes provision in relation to a recognised body, and (b) the FCA is not the appropriate regulator in relation to recognised bodies of that type, the FCA must consult the appropriate regulator before giving a warning notice under this section. (10) If the PRA proposes to make a prohibition order which makes provision in relation to a recognised body, the PRA must consult the appropriate regulator in relation to recognised bodies of that type before giving a warning notice under this section. (11) In this section— “ the appropriate regulator ”, in relation to a recognised body, has the meaning given by section 285A; “ recognised body ” has the meaning given by section 313;

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