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Version status: In force | Document consolidation status: Assimilated law updated to reflect all known changes
Version date: 1 December 2024 - onwards
Version 5 of 5

Article 9 Article 8: waivers or suspensions for fixed income instruments and derivatives etc

1. Rules under Article 8 may include provision for any requirements imposed by the rules to be waived in such cases, and to such extent, as may be determined by or under the rules.

2. Rules that include provision under paragraph 1 may impose whatever conditions on the application of a waiver the FCA considers appropriate.

3.The FCA may by notice given to a relevant person withdraw a waiver granted by virtue of paragraph 1 if the FCA considers that the waiver is being used -

(a) in a way that deviates from its original purpose, or

(b) to avoid requirements provided for in the rules.

4. The FCA may by notice suspend requirements imposed by rules under Article 8 in the case of such relevant instruments, or class of relevant instruments, as may be specified in the notice.

5. A notice under paragraph 4 suspending requirements -

(a) may be given subject to conditions;

(b) must specify the period for which the suspension has effect;

(c) must be published in the manner appearing to the FCA to be best calculated to bring it to the attention of persons likely to be affected by it;