Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 10 January 2019 - onwards
  Version 3 of 3    

Regulation 93 Appeals against decisions of the FCA

(1) A person may appeal to the Upper Tribunal a decision by the FCA under -

(a) regulation 25(2), to issue a direction;

(b) regulation 59(1), to refuse to register an applicant;

(c) regulation 60, to suspend or cancel the registration of a registered person;

(d) regulation 76, to impose a penalty or publish a censuring statement;

(e) regulation 77, to take a measure set out in paragraph (2)(a) or (b) of that regulation;

(f) regulation 78(2), to impose a prohibition.

(2) The provisions of Part 9 of FSMA (hearings and appeals), apply, subject to the modifications set out in paragraph (3), in respect of appeals to the Upper Tribunal made under this regulation as they apply in respect of references made to that Tribunal under that Act.

(3) Part 9 of FSMA has effect as if -

(a) in section 133 (proceedings before Tribunal: general provision), in subsection (7A) [2000 c.8. Subsection 7A was inserted by section 23 of the Financial Services Act 2012 (c.21) and amended by section 4(2) of the Fin