183. Revocation of requirements: applications by Institutions
(1) This section applies where the Regulator has imposed a Section 180 Requirement on an Institution or a class of Institutions.
(2) The Institution or any of the Institutions in the class may apply to the Regulator for the revocation of the requirement.
(3) The Regulator must decide whether to revoke the requirement.
(4) In the case of a requirement imposed on a class of Institutions, the Regulator may decide to revoke it in relation to —
(a) the class;
(b) the class apart from one or more specified members of it; or
(c) one or more specified members of the class only.
(5) The Regulator must give a written notice if —
(a) in the case of a requirement imposed on an Institution, the Regulator proposes not to revoke the requirement; or
(b) in the case of a requirement imposed on a class, the Regulator proposes to make a decision which would have the effect that the requirement continues to apply to the applicant (whether or not it would have the effect that it continues to apply to other members of the class).
(6) The written notice must be given to —
(a) the applicant; and
(b) the Issuer, or the Reporting Entity, as applicable, of the Financial Instrument in question (if any).
(7) A notice given under subsection (5) must —
(a) inform the recipient that he may make representations to the Regulator within such period as may be specified by the notice (whether or not he has referred the matter to the Appeals Panel); and
(b) inform him of his right to refer the matter to the Appeals Panel.
|Amended on (30 December, 2021).|