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Financial Services Act 2012

Financial Services Act 2012 Sch 14 para 23

Sch 14 para 23

(1) Section 375 (Authority's right to apply for an order relating to debt avoidance) is amended as follows. (2) In subsection (1), for “Authority” substitute “ FCA ” . (3) After subsection (1) insert— (1A) The PRA may apply for an order under section 423 of the 1986 Act (or Article 367 of the 1989 Order) in relation to a debtor if— (a) at the time the transaction at an undervalue was entered into, the debtor was carrying on a PRA-regulated activity (whether or not in contravention of the general prohibition); and (b) a victim of the transaction is or was party to an agreement entered into with the debtor, the making or performance of which constituted or was part of a PRA-regulated activity carried on by the debtor. (4) In subsection (2), after “subsection (1)(b)” insert “ or subsection (1A)(b) (as the case may be) ” . (5) In the heading, for “Authority's right” substitute “ Right of FCA and PRA ” .

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