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Financial Services Act 2012

Financial Services Act 2012 Sch 14 para 17

Sch 14 para 17

(1) Section 369A (reclaim funds: service of petition etc. on Authority) is amended as follows. (2) In subsection (1)— (a) for “other than the Authority” substitute “ other than a regulator ” , and (b) for “on the Authority” substitute “ on the appropriate regulator ” . (3) In subsection (2)— (a) for “other than the Authority” substitute “ other than a regulator ” , and (b) for “on the Authority” substitute “ on the appropriate regulator ” . (4) After subsection (3) insert— (4) The appropriate regulator” means— (a) in relation to an authorised reclaim fund that is a PRA-authorised person, the FCA and the PRA, and (b) in relation to any other authorised reclaim fund, the FCA. (5) If either regulator— (a) presents a petition for the winding up of an authorised reclaim fund that is a PRA-authorised person, or (b) applies to have a provisional liquidator appointed under section 135 of the 1986 Act (or Article 115 of the 1989 Order) in respect of an authorised reclaim fund that is a PRA-authorised person, that regulator must serve a copy of the petition or application (as the case requires) on the other regulator. (5) In the heading, for “Authority” substitute “ FCA and PRA ” .

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