PART 3Transitional provisions
CHAPTER 2Authorisation and regulation of 2006 Act authorised persons
Penalties for conduct for which the Regulator has given penalty decision: appeal of decision53
1
This article applies where—
a
the Regulator gave written notice to a person (“A”) under regulation 52 of the 2006 Regulations of a decision to require A to pay a penalty; and
b
on 1st April 2019—
i
the period within which an appeal relating to that decision may be made has not ended; or
ii
an appeal submitted to the First-tier Tribunal by A before that date has not been determined.
2
The Regulator’s notice is to be treated as a decision notice given by the FCA under section 208(1)(b) of the 2000 Act, and is to be read for this purpose—
a
as if any reference to the Regulator were a reference to the FCA; and
b
with any other necessary modifications.
3
If, before 1st April 2019, A submitted notice of an appeal to the First-tier Tribunal under section 13 of the 2006 Act, section 208(4) of the 2000 Act94 does not apply.