Regulation 39 Other procedural requirements in relation to consumer redress orders

(1)

Before making a consumer redress order the Regulator must give notice stating that it proposes to make the order.

(2)

A notice under paragraph (1) must specify—

(a)

the authorised person to whom the order will apply;

(b)

the contravention in respect of which the order is to be made;

(c)

the affected consumers, or a description of such consumers;

(d)

the requirements to be imposed by the order and the period within which such requirements are to be complied with; and

(e)

the time (not being less than 21 days beginning with the relevant date) within which representations or objections with respect to the proposed order may be made,

and the Regulator must consider any representations or objections which are duly made and not withdrawn.

(3)

Before varying any proposal stated in a notice under paragraph (1) the Regulator must give notice specifying—

(a)

the proposed variation and the reasons for it; and

(b)

the time (not being less than 21 days beginning with the relevant date) within which representations or objections with respect to the proposed variation may be made,

and must consider any representations or objections which are duly made and not withdrawn.

(4)

Before revoking a consumer redress order the Regulator must give notice—

(a)

stating that it proposes to revoke the order and the reasons for doing so; and

(b)

specifying the time (not being less than 21 days beginning with the relevant date) within which representations or objections to the proposed revocation may be made,

and must consider any representations or objections which are duly made and not withdrawn.

(5)

A notice required to be given under this regulation is to be given—

(a)

by serving a copy of the notice on the authorised person; and

(b)

either—

(i)

by serving a copy of the notice on each affected consumer; or

(ii)

by publishing the notice in such manner as the Regulator considers appropriate for the purpose of bringing the matters to which the notice relates to the attention of affected consumers.

(6)

The “relevant date”, in relation to a notice under this regulation, is—

(a)

in a case where the notice is published in accordance with paragraph (5)(b)(ii), the date on which it is published;

(b)

in any other case, the latest date on which a copy of the notice is served in accordance with paragraph (5)(a) and (b)(i).