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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 28 November 2017 - onwards
Version 3 of 3

Regulation 11 Temporary prohibition orders

(1) The relevant regulator may make a temporary prohibition order where that regulator considers that a person ("A") has been knowingly concerned in a contravention by a financial or non-financial counterparty of an SFTR requirement.

(2) A temporary prohibition order is an order prohibiting A, for the period specified in the order, from performing functions which require A to be responsible for managing one or more aspects of the affairs of -

(a) a specified financial or non-financial counterparty; or

(b) a financial or non-financial counterparty of a specified description.

(3) A prohibition imposed under this regulation may only be imposed for a limited period of time.

(4) A financial or non-financial counterparty must take reasonable care to ensure that none of the financial or non-financial counterparty's functions is performed by a person who is prohibited from performing such a function by a temporary prohibition order.

(5) The relevant regulator may vary or revoke a temporary prohibition order on the application of A or otherwise.

(6) Where a relevant regulator who has imposed a temporary prohibition order on A considers that A has contravened that order it may -

(a) publish a statement to that effect; or