SUP 11.7 Acquisition or increase of control: assessment process and criteria

The assessment process and the assessment criteria are set out in sections 185 to 191 of the Act.

Section 191A deals with the procedure the appropriate regulator must follow where the appropriate regulator reasonably believes that:

1. (1)

   there has been a failure to give notice under section 178(1) of the Act in circumstances where notice was required;

2. (2)

   there has been a breach of a condition imposed under section 187 of the Act; or

3. (3)

   there are grounds for objecting to control on the basis of the matters in section 186 of the Act.

The appropriate regulator may serve restriction notices in certain circumstances in accordance with section 191B of the Act.

The appropriate regulator may apply to the court for an order for the sale of shares in accordance with section 191C of the Act.

Before making a determination under section 185 or giving a warning notice under section 191A, the appropriate regulator must comply with the requirements as to consultation with the other regulator set out in sections 187A, 187B and 191A of the Act, as applicable.