Page 445 - IOM Law Society Rules Book
P. 445

148                Financial Services Act 2008                  c.8

                                  (d) in relation to a limited liability company constituted
                [c.19]                under the Limited Liability Companies Act 1996, a
                                      member, the company’s manager, or registered agent.



                                                        PART 8

                                                      GENERAL

               Contravention  43. If a licence holder is in contravention of any statutory
               of statutory  provision (other than one contained in or under this Act) the
               provisions
                           Commission may exercise any power that is an action for a breach
                           but with the exception of the powers to —

                                  (a) impose a penalty under section 16;

                                  (b) apply for an injunction or for restitution under section 20.



               Subordinate  44. (1) The Commission may make such regulations as are
               legislation  necessary to give effect to this Act.


                                (2) Without prejudice to the generality of subsection (1),
                           the Commission may by regulations exempt any person or class
                           of persons from any of the provisions of this Act.

                                (3) Without prejudice to section 26 of the Interpretation
               [c.20]      Act 1976 or to any other provision of this Act, regulations under
                           subsection (2)  may provide for —

                                  (a) conditions subject to which the exemption shall operate;


                                  (b) circumstances in which the Commission may withdraw
                                      the exemption from a person;

                                  (c) the exemption to operate in respect of some or all
                                      regulated activities.

                                (4) If a person is in contravention of any condition imposed
                           by regulations under this section, the Commission may undertake
                           action for a breach.


                                (5) Before making any order, regulations or the Rule Book
                           under this Act, the Commission shall consult —

                                  (a) the Treasury;

                                  (b) such persons or bodies as appear to be representative
                                      of interests likely to be affected; and

                                  (c) such other persons or bodies as the Commission may
                                      determine.
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