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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 6 of 6

Article 11 Article 10: deferrals and suspensions for fixed income instruments and derivatives etc

1. Rules under Article 10 may include provision authorising relevant persons to defer complying with requirements imposed by the rules in such cases and to such extent as the rules may specify.

2. Rules made by virtue of paragraph 1 may impose whatever conditions on the application of a deferral the FCA considers appropriate.

3. The FCA may by notice suspend any requirements imposed by rules under Article 10 in the case of such relevant instruments, or class of relevant instruments, as may be specified in the notice.

4. A notice under paragraph 3 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;

(d) may be varied or withdrawn by the giving of a further notice (and sub-paragraph (c) applies to any such notice).

5. The power under paragraph 3 to suspend requirements is exercisable only if the FCA considers that it is necessary to do so to advance the FCA's integrity objective under section 1D of FSMA.