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AI Summary of 31. Court's power to extend validity of suspension notices.

During the validity of a suspension notice confirmed by the Head of Financial Regulation, the Head may apply to the Court, on notice to the suspended person and any regulated financial service provider or holding company on which the notice was served, for an order extending the notice. The Court may extend the notice for a further period of up to six months if satisfied, having regard to the reasons for issue and confirmation stated by the Head, that sufficient grounds exist; the making of an order does not preclude further orders.

Subject to a specific exception, orders under this power shall not in total extend the suspension beyond 24 months from the end of the initial six‑month period referred to in section 29(4). Where a prohibition is imposed under section 43, or the suspension followed such a prohibition, the 24‑month limit does not apply but extensions may not continue beyond disposal of any section 45 application to confirm the prohibition. The Court must give particular regard to preventing potential serious damage to the financial system and to protecting users of financial services.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 19 April 2023 - onwards
Version 3 of 3

31. Court's power to extend validity of suspension notices.

(1) During the period of validity of a suspension notice that has been confirmed by the Head of Financial Regulation, the Head of Financial Regulation may apply to the Court, on notice to the suspended person and any regulated financial service provider or holding company on which the notice was served, for an order extending the period of validity of the notice.

(2) If the Court is satisfied, having regard to the reasons for the issue and confirmation of the notice stated by the Head of Financial Regulation, that there are sufficient grounds to extend the period of validity of the notice, the Court may extend the notice for such further period (but not longer than a further 6 months) as the Court orders.

(2A) The making of an order under subsection (2) does not prevent the making of a further order.

(2B) Subject to subsection (2C), orders under subsection (2) shall not in total extend a suspension notice for more than 24 months from the end of the period of 6 months referred to in section 29(4).