Part XVIIIRecognised investment exchanges, clearing houses , CSDs and other parties

F1CHAPTER 2APerformance of functions of recognised bodies

Approval

309XProcedure for statement of policy on penalties

(1)

Before the appropriate regulator issues a statement under section 309W(1) or (5), it must publish a draft of the proposed statement in the way appearing to it to be best calculated to bring it to the attention of the public.

(2)

The draft statement must be accompanied by a notice stating that representations about the proposal may be made to the appropriate regulator within the period specified in the notice.

(3)

Before issuing the proposed statement, the appropriate regulator must have regard to any representations made to it in accordance with subsection (2).

(4)

If the appropriate regulator issues the proposed statement it must publish the following in the way appearing to it to be best calculated to bring them to the attention of the public—

(a)

the statement,

(b)

an account, in general terms, of the representations made to the appropriate regulator in accordance with subsection (2) and the appropriate regulator’s response to them, and

(c)

if the statement issued differs from the draft published under subsection (1) in a way which the appropriate regulator considers to be significant, details of the difference.

(5)

The appropriate regulator may charge a reasonable fee for providing a person with—

(a)

a copy of a draft statement published under subsection (1), or

(b)

a copy of a statement published under subsection (4)(a).

(6)

The appropriate regulator must, without delay, give the Treasury a copy of a statement which it publishes under subsection (4)(a).