SCHEDULES

SCHEDULE 9Discipline and enforcement

PART 6Notice procedures

29

(1)

Section 390 (final notices) is amended as follows.

(2)

In subsection (1)—

(a)

for “the Authority”, in the first place, substitute “ a regulator ”, and

(b)

for “the Authority”, in the second place, substitute “ the regulator ”.

(3)

In subsection (2)—

(a)

for “the Authority”, in the first place, substitute “ a regulator ”,

(b)

for “the Authority”, in the second place, substitute “ the regulator ”, and

(c)

for “a final notice” substitute “ the notice required by subsection (2A) ”.

(4)

After that subsection insert—

“(2A)

The notice required by this subsection is—

(a)

in a case where the regulator is acting in accordance with a direction given by the Tribunal under section 133(6)(b), or by the court on an appeal from a decision by the Tribunal under section 133(6), a further decision notice, and

(b)

in any other case, a final notice.”.

(5)

In subsections (9) and (10), for “the Authority” substitute “ the regulator giving the notice ”.