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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 29 August 2023 - onwards
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32 Effect of rules etc on deference decisions

(1) FSMA 2000 is amended as follows.

(2) In the italic heading before section 410, after "international" insert "powers and".

(3) Before section 410 insert -

"409A Consultation in relation to deference decisions

(1) This section applies where a regulator is proposing to take a relevant action.

(2) The regulator -

(a) must consider the effect of the relevant action on notified deference decisions, and

(b) if having done so it appears to the regulator that there is a material risk that the relevant action would be incompatible with a notified deference decision, must consult the Treasury about the likely effect of the action on the decision.

(3) Subsection (2) applies only if a duty to consult applies in respect of the taking of the relevant action.

(4) For the purposes of subsection (1) a regulator proposes to take a "relevant action" if -

(a) it proposes to make rules under this Act or any other enactment, or

(b) it proposes to make changes to its general policies and practices so far

Comparing proposed amendment...