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PART 5WARNING AND RESTRICTIONS NOTICES

Content of a warning notice

18.  A warning notice(1) given under paragraph 1 of Schedule 1B to the Act must—

(a)specify the date on which the warning notice is given;

(b)be accompanied by a copy of the notice given under section 790D or 790E of the Act to which the warning notice relates;

(c)identify the addressee’s relevant interest in the company by reference to the shares or right in question;

(d)state that the company will consider reasons provided to it as to why the addressee failed to comply with the notice given under section 790D or 790E of the Act;

(e)explain the effect of a restrictions notice; and

(f)state that, by virtue of a restrictions notice, certain acts or failures to act may constitute an offence.

Content of a restrictions notice

19.  A restrictions notice issued under paragraph 1 of Schedule 1B to the Act must—

(a)specify the date on which the restrictions notice is issued;

(b)be accompanied by a copy of the warning notice which preceded the restrictions notice;

(c)identify the addressee’s relevant interest in the company by reference to the shares or right in question;

(d)explain the effect of the restrictions notice;

(e)state that, by virtue of the restrictions notice, certain acts or failures to act may constitute an offence; and

(f)state that an aggrieved person may apply to the court for an order directing that the relevant interest cease to be subject to restrictions.

Failure to comply with a section 790D or 790E notice: valid reason

20.  A company must take into account any incapacity of the addressee of a notice given under section 790D or 790E of the Act in deciding what counts as a “valid reason” sufficient to justify the addressee’s failure to comply with the notice.

Withdrawal of a restrictions notice

21.  Where a company is required to withdraw a restrictions notice under paragraph 11 of Schedule 1B to the Act by notice (a “withdrawal notice”), the withdrawal notice must—

(a)be given before the end of the period of 14 days beginning with the day on which the company became required to withdraw the restrictions notice under that paragraph;

(b)specify the date on which the withdrawal notice is given;

(c)identify the addressee’s relevant interest in the company by reference to the shares or right in question; and

(d)state that the relevant interest is no longer subject to restrictions.

(1)

See paragraph 1(2) of Schedule 1B to the Act for the meaning of “warning notice”.