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England and Wales commercial and regulatory procedures

When should a warning notice extension be requested?

Normally within seven days under DEPP guidance. Request an extension and retain the actual decision. DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure.

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Period
Normally within seven days under DEPP guidance
Trigger
Giving the warning notice
Rule
FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG
FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG

FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG. The retained source governs request an extension and retain the actual decision. DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure.

Source guide · No automated date

Check the applicable procedure

DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure. Count from actual giving of the relevant notice only after identifying the proper process. Guidance saying normally does not create an unconditional jurisdictional bar. The actual giving the warning notice and required completion must be established before using a final date.

FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG

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When should a warning notice extension be requested?

Normally within seven days under DEPP guidance. Request an extension and retain the actual decision. DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure.

Responsible actor. Recipient seeking more representation time.

Giving the warning notice.

DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure.

DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure.

FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG

How does this provision count time?

  1. Request an extension and retain the actual decision.
  2. Count from actual giving of the relevant notice only after identifying the proper process. Guidance saying normally does not create an unconditional jurisdictional bar.
  3. DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure.

Count from actual giving of the relevant notice only after identifying the proper process. Guidance saying normally does not create an unconditional jurisdictional bar.

Count from actual giving of the relevant notice only after identifying the proper process. Guidance saying normally does not create an unconditional jurisdictional bar. DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure.

FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG

Which facts prevent one automatic date?

DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure. Count from actual giving of the relevant notice only after identifying the proper process. Guidance saying normally does not create an unconditional jurisdictional bar. The actual giving the warning notice and required completion must be established before using a final date.

ResultRead the operative provision and establish the applicable branch.

The recipient seeking more representation time has established the applicable procedure and giving the warning notice. DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure. Request an extension and retain the actual decision. Normally within seven days under DEPP guidance. No computed final date is supplied.

A proposed completion raises a nonbusiness-day or time-boundary question for request an extension and retain the actual decision. Count from actual giving of the relevant notice only after identifying the proper process. Guidance saying normally does not create an unconditional jurisdictional bar. Resolve this boundary under the identified provision and actual completion route. Count from actual giving of the relevant notice only after identifying the proper process. Guidance saying normally does not create an unconditional jurisdictional bar.

The recipient seeks more time because essential documents arrived late. DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure. DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure. No automatic final date follows from this scenario.

Which conditions and exceptions apply?

Applicable procedure and actual event
DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure.
Counting and completion boundary
Count from actual giving of the relevant notice only after identifying the proper process. Guidance saying normally does not create an unconditional jurisdictional bar.
FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG
  • DEPP 3.2.16G states the normal request period. It does not grant an extension or replace the notice’s representation deadline. A proposed warning notice statement has its separate publicity procedure.
  • Recipient seeking more representation time. Giving the warning notice. Request an extension and retain the actual decision. Count from actual giving of the relevant notice only after identifying the proper process. Guidance saying normally does not create an unconditional jurisdictional bar.

What must the responsible actor complete?

Questions about this procedure

When should a warning notice extension be requested?

Is seven days an absolute statutory bar?

DEPP 3.2.16G describes when a request must normally be made.

FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG

Does a request automatically extend representation time?

No. The Chairman or Deputy Chairman decides whether and how much extra time to allow.

FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG

Which factors can matter?

DEPP identifies relevant factors including legal and factual complexity and matters outside the person’s control.

FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG

Does the original representation date continue meanwhile?

Do not assume a suspension without an actual extension decision.

FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG

Is the proposed statement publicity process identical?

No. DEPP 3.2.14CG concerns the proposed warning notice statement.

FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG

What must be retained?

The notice giving event, request, reasons and actual extension decision.

FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CG

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
FCA Handbook depp3, DEPP 3.2.16G and 3.2.14CGCheck the identified procedure, event, counting rule or qualification
Financial Services and Markets Act 2000, section 387(3)Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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