Paragraph 5 Notices, access to file and representations

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. rule 1(1) words substituted by Treaty of Lisbon (Changes in Terminology or Numbering) 2012 Sch. Pt. 2
Sch. rule 2(1) words substituted by Treaty of Lisbon (Changes in Terminology or Numbering) 2012 Sch. Pt. 2
Sch. rule 2(3) words substituted by Treaty of Lisbon (Changes in Terminology or Numbering) 2012 Sch. Pt. 2
Sch. rule 4(1) words substituted by Treaty of Lisbon (Changes in Terminology or Numbering) 2012 Sch. Pt. 2
Sch. rule 7(2) words substituted by Treaty of Lisbon (Changes in Terminology or Numbering) 2012 Sch. Pt. 2
Sch. rule 10(1) words substituted by Treaty of Lisbon (Changes in Terminology or Numbering) 2012 Sch. Pt. 2
Sch. rule 10(2)(a) words substituted by Treaty of Lisbon (Changes in Terminology or Numbering) 2012 Sch. Pt. 2
Sch. rule 10(2)(b) words substituted by Treaty of Lisbon (Changes in Terminology or Numbering) 2012 Sch. Pt. 2

(1)

In this rule—

(a)

“notice” means a notice that the OFT is required to give under rule 4, 12(3) or 13(1); and

(b)

“relevant person” means a person to whom notice is required to be given under the rules mentioned in sub-paragraph (a).

(2)

A notice shall state:

(a)

the facts on which the OFT relies, the objections raised by the OFT, the action the OFT proposes and its reasons for the proposed action;

(b)

the period within which a relevant person may make written representations to the OFT identifying the information contained in the notice which that relevant person considers the OFT should treat as confidential information and explaining why he considers the OFT should treat such information as confidential information; and

(c)

the period within which a relevant person may make written representations to the OFT on the matters referred to in the notice.

(3)

The OFT shall give a relevant person a reasonable opportunity to inspect the documents in the OFT’s file that relate to the matters referred to in a notice given to that relevant person, except that the OFT may withhold any document—

(a)

to the extent that it contains confidential information; or

(b)

which is an internal document.

(4)

Where, in written representations on the matters referred to in a notice given to a relevant person, that relevant person states that he wishes to make oral representations to the OFT on such matters, the OFT shall give that relevant person a reasonable opportunity to make such oral representations.

(5)

Where, upon the expiry of the period mentioned in paragraph (2)(c), no written representations on the matters referred to in a notice given to a relevant person have been made by that relevant person, the OFT may proceed with the case in the absence of such representations.

(6)

Where the OFT has given a relevant person a reasonable opportunity to make oral representations under paragraph (4) but no oral representations have been made, the OFT may proceed with the case in the absence of such representations.

(7)

Paragraph (2)(b) is not to be construed as restricting the application of rule 6(1) and (2).

Notes on Schedule

Footnotes

f1: 1998 c. 41.