Textual Amendments
F1Pt. 3 heading inserted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 5(6) (with regs. 7(4), 9(1))
5.—(1) If the FCA proposes to take action against a person under regulation 4, it must give the person concerned a warning notice.
(2) A warning notice about a proposal to impose a penalty must state the amount of the penalty.
(3) A warning notice about a proposal to publish a statement must set out the terms of the proposed statement.
(4) If, having considered any representations made in response to the warning notice, the FCA decides to take action against a person under regulation 4, it must without delay give the person concerned a decision notice.
(5) A decision notice about the imposition of a penalty must state the amount of the penalty.
(6) A decision notice about the publication of a statement must set out the terms of the statement.
(7) If the FCA decides to take action against a person under regulation 4, the person may refer the matter to the Tribunal M1.
(8) Sections 210 M2 (statements of policy) and 211 M3 (statements of policy: procedure) of the Act apply in respect of the imposition of penalties under regulation 4 and the amount of such penalties as they apply in respect of the imposition of penalties under Part 14 of the Act (disciplinary measures) and the amount of penalties under that Part.
(9) After a statement under regulation 4 is published, the FCA must send a copy of it to the person concerned and to any person to whom a copy of the decision notice was given under section 393(4) M4 of the Act (as applied by paragraph (10)).
(10) Sections 387(1), (2) and (3) M5 (warning notices), 388 M6 (decision notices), 389 M7 (notices of discontinuance), 390 M8 (final notices), 393 M9 (third party rights) and 394 M10 (access to FCA or PRA material) of the Act apply in relation to a warning notice or decision notice under this regulation.
(11) Section 391 of the Act M11 (publication) applies in relation to a warning notice, decision notice or final notice under this regulation subject to Article 62 of the CSD regulation.
(12) Part 9 of the Act (hearings and appeals) applies to references to the Tribunal under this regulation as it applies to references to the Tribunal under the Act as if a decision to publish a statement or impose a penalty under regulation 4 was a “disciplinary reference” for the purposes of section 133 of the Act M12.
Marginal Citations
M1Defined in section 417(1) of the Act.
M2Section 210 was amended by paragraph 20 of Schedule 2 to the Financial Services Act 2010 (c.28) and paragraph 17 of Schedule 9 to the Financial Services Act 2012.
M3Section 211 was amended by paragraph 18 of Schedule 9 to the Financial Services Act 2012.
M4Section 393(4) was amended by paragraph 32 of Schedule 9 to the Financial Services Act 2012.
M5Section 387(1), (2) and (3) was amended by paragraph 26 of Schedule 9 to the Financial Services Act 2012.
M6Section 388 was amended by paragraph 27 of Schedule 9 to the Financial Services Act 2012 and paragraph 13 of Schedule 3 to the Financial Services (Banking Reform) Act 2013.
M7Section 389 was amended by paragraph 28 of Schedule 9 to the Financial Services Act 2012.
M8Section 390 was amended by paragraph 29 of Schedule 9 to the Financial Services Act 2012 and S.I. 2010/22.
M9Section 393 was amended by paragraph 32 of Schedule 9 to the Financial Services Act 2012.
M10Section 394 was amended by paragraph 11 of Schedule 4 to the Regulation of Investigatory Powers Act 2000 (c.23) and paragraph 33 of Schedule 9 to the Financial Services Act 2012.
M11Section 391 was amended by sections 13 and 24 of the Financial Services Act 2010, section 24 of and paragraph 30 of Schedule 9 to the Financial Services Act 2012, section 4 of the Financial Services (Banking Reform) Act 2013 and S.I. 2012/916, 2013/1388 and 2013/3115.
M12Section 133 was substituted by S.I. 2010/22, and amended by section 23 of the Financial Services Act 2012, section 4 of the Financial Services (Banking Reform) Act 2013, paragraph 83 of Schedule 9 to the Crime and Courts Act 2013 (c.22), and S.I. 2013/1388.