SCHEDULES
SCHEDULE 13Ownership of licensed bodies
Part 3Approval of restricted interests after licence is issued
Powers of licensing authority in relation to change of interests
Conditional approval of notifiable interest
I128
I41
If the licensing authority is not satisfied that the approval requirements are met in relation to the investor's holding of the notifiable interest, it may approve the investor's holding of that interest subject to conditions.
I42
It may do so only if it considers that, if the conditions are complied with, it will be appropriate for the investor to hold the notifiable interest without the approval requirements being met.
I43
If the licensing authority proposes to approve the investor's holding of the notifiable interest subject to conditions it must give the investor and the licensed body a warning notice.
I44
But the licensing authority may approve the investor's holding of the notifiable interest subject to conditions without giving a warning notice if it considers it necessary or desirable to do so for the purpose of protecting any of the regulatory objectives.
5
The warning notice must—
I4a
specify the nature of the conditions proposed and the reasons for their imposition, and
I3b
state that representations may be made to the licensing authority within the prescribed period.
I36
The licensing authority must consider any representations made within the prescribed period.
I47
If the licensing authority approves the investor's holding of the notifiable interest subject to conditions, it must notify the investor and the licensed body of its approval as soon as reasonably practicable.
I48
The notice must—
a
specify the reasons for the imposition of the conditions and (if the investor already holds the notifiable interest) the time from which they have effect, and
b
explain the effect of Part 5 of this Schedule.
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I51
The investor and the licensed body may before the end of the prescribed period appeal to the relevant appellate body against the imposition of any or all the conditions.
I62
The relevant appellate body may dismiss the appeal, or allow the appeal and—
a
order the licensing authority to approve the investor's holding of the notifiable interest without conditions, or subject to such conditions as may be specified in the order, or
b
remit the matter to the licensing authority.
I53
A party to the appeal may before the end of the prescribed period appeal to the High Court on a point of law arising from the decision of the relevant appellate body, but only with the permission of the High Court.
I64
The High Court may make such order as it thinks fit.
I65
If the investor's holding of the notifiable interest is subject to conditions as a result of an order made on an appeal under this paragraph, for the purposes of this Schedule the conditions are to be treated as having been imposed under paragraph 28.