C11Part V Performance of Regulated Activities
Prohibition orders
C1I1C2C356 Prohibition orders.
1
Subsection (2) applies if it appears to the Authority that an individual is not a fit and proper person to perform functions in relation to a regulated activity carried on by an authorised person.
2
The Authority may make an order (“a prohibition order”) prohibiting the individual from performing a specified function, any function falling within a specified description or any function.
3
A prohibition order may relate to—
a
a specified regulated activity, any regulated activity falling within a specified description or all regulated activities;
b
authorised persons generally or any person within a specified class of authorised person.
4
An individual who performs or agrees to perform a function in breach of a prohibition order is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
In proceedings for an offence under subsection (4) it is a defence for the accused to show that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.
6
An authorised person must take reasonable care to ensure that no function of his, in relation to the carrying on of a regulated activity, is performed by a person who is prohibited from performing that function by a prohibition order.
C47
The Authority may, on the application of the individual named in a prohibition order, vary or revoke it.
C58
This section applies to the performance of functions in relation to a regulated activity carried on by—
a
a person who is an exempt person in relation to that activity, and
b
a person to whom, as a result of Part XX, the general prohibition does not apply in relation to that activity,
as it applies to the performance of functions in relation to a regulated activity carried on by an authorised person.
9
“Specified” means specified in the prohibition order.
C6I2C757 Prohibition orders: procedure and right to refer to Tribunal.
C81
If the Authority proposes to make a prohibition order it must give the individual concerned a warning notice.
2
The warning notice must set out the terms of the prohibition.
3
If the Authority decides to make a prohibition order it must give the individual concerned a decision notice.
4
The decision notice must—
a
name the individual to whom the prohibition order applies;
b
set out the terms of the order; and
c
be given to the individual named in the order.
5
A person against whom a decision to make a prohibition order is made may refer the matter to the Tribunal.
C9I3C1058 Applications relating to prohibitions: procedure and right to refer to Tribunal.
1
This section applies to an application for the variation or revocation of a prohibition order.
2
If the Authority decides to grant the application, it must give the applicant written notice of its decision.
3
If the Authority proposes to refuse the application, it must give the applicant a warning notice.
4
If the Authority decides to refuse the application, it must give the applicant a decision notice.
5
If the Authority gives the applicant a decision notice, he may refer the matter to the Tribunal.
Pt. V (ss. 56-71) modified (1.12.2001) by S.I. 2001/3592, arts. 1(2), 114(3)(a), 128(3)(a) (with art. 23(2))