The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019

JurisdictionUK Non-devolved
CitationSI 2019/266
(1) These Regulations may be cited as the Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019.(2) This Part and Part 8 of these Regulations come into force on the day after the day on which they are made.(3) Parts 2 to 7, 9 and 10 of these Regulations come into force on exit day.
  • In these Regulations—
  • with respect to the carrying on of a credit rating activity, orwith respect to the carrying on of an activity which is not a credit rating activity,provision applying to credit rating agencies even though there is no relationship between the credit rating agencies to whom the rules will apply and the persons whose interests will be protected by the rules;requirements which take into account, in the case of a credit rating agency which is a member of a group, any activity of another member of the group.(3) The rules may not modify, amend or revoke any retained direct EU legislation (except retained direct EU legislation which takes the form of rules) .(1) The following provisions of the Act apply in respect of rules made under regulation 3 as they apply in respect of rules made by the FCA under that Act.section 138A (modification or waiver of rules) section 138B (publication of directions under section 138A) section 138F (notification of rules) section 138G (rule-making instruments) section 138H (verification of rules) in subsection (6) , after paragraph (e) there were inserted—
    • (f) regulation 3 of the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019.
    ;
    regulation 3 of the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019.in subsection (10) , after paragraph (b) there were inserted—
      , or
    • (c) to rules made by the FCA under regulation 3 of the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019.
    ;
    to rules made by the FCA under regulation 3 of the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019.after that subsection there were inserted—
    • “(10A) Subsection (2) (d) does not apply to rules made by the FCA under regulation 3 of the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019.
    Subsection (2) (d) does not apply to rules made by the FCA under regulation 3 of the Credit Rating Agencies (Amendment, etc.) (EU Exit) Regulations 2019.
  • these Regulations,
  • the CRA Regulation, or
  • rules made under regulation 3;
  • any matters relating to the functions of the FCA under these Regulations or the CRA Regulation;
  • any other matters about which it appears to the FCA to be desirable to give information or advice in respect of these Regulations or the CRA Regulation.
  • publish its guidance;offer copies of its published guidance for sale at a reasonable price;if it issues guidance in response to a request made by a credit rating agency, make a reasonable charge for that guidance.given to credit rating agencies generally,intended to have continuing effect, andgiven in writing or other legible form,(1) If the FCA considers that a F49person has contravened a requirement imposed by or under these Regulations, or by or under the CRA Regulation, it may impose a penalty on the F49person of such amount as it considers appropriate.is payable to the FCA, andmay be recovered as a debt due to the FCA.(3) In imposing, or deciding whether to impose, a penalty under this regulation, the FCA must have regard to a statement of policy published under regulation 8 and in force at the time when the contravention occurred.

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