Part II Regulated And Prohibited Activities

Enforceability of agreements

28BF1Decisions under section 28A: procedure

1

A notice under section 28A(2)(b) or (3) must—

a

give the FCA's reasons for its determination, and

b

give an indication of—

i

the right to have the matter referred to the Tribunal that is conferred by subsection (3), and

ii

the procedure on such a reference.

2

The FCA must, so far as it is reasonably practicable to do so, give a copy of the notice to any other person who appears to it to be affected by the determination to which the notice relates.

3

A person who is aggrieved by the determination of an application under section 28A(2)(b) or (3) may refer the matter to the Tribunal.