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4.—(1) Where it appears to the Commission that an interim manager has failed—
(a)to give security within such time or in such form as the Commission has specified; or
(b)to satisfactorily discharge any function imposed by, or by virtue of, the relevant order or by regulation 5,
and it wishes to consider exercising its powers under regulation 3(3) or paragraph (3), the Commission shall give the interim manager, whether in person or by post, a written notice complying with paragraph (2).
(2) A notice given to an interim manager under paragraph (1) shall inform that person of—
(a)any failure under paragraph (1)(a) or (b) in respect of which the notice is issued;
(b)the Commission’s power under regulation 3(3) to authorise the disallowance of any amount of remuneration if satisfied as to any such failure;
(c)the Commission’s power under paragraph (3) to remove an interim manager if satisfied as to any such failure; and
(d)an interim manager’s right to make representations to the Commission in respect of any such alleged failure within such reasonable time as is specified in the notice.
(3) On the expiry of the time specified in the notice referred to in paragraph (2) and after consideration of such representations, if any, as are duly made in response to such a notice, the Commission may remove an interim manager where it is satisfied that that person has failed in such manner as is set out in paragraph (1)(a) or (b) and specified in such notice (whether or not it also exercises the power conferred by regulation 3(3).
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