OpenLegislation

Regulation 27 Decision notice

Original text. Later amendments are not shown.

(1)

If, having considered any representations made in response to the warning notice, the FCA decides to—

(a)

publish a statement under regulation 28 (whether or not in the terms proposed); or

(b)

impose a penalty under regulation 29 (whether or not of the amount proposed);

it must without delay give the trade repository concerned a decision notice.

(2)

In case of a statement, the decision notice must set out the terms of the statement.

(3)

In the case of a penalty, the decision notice must state the amount of the penalty.

(4)

If the FCA decides to —

(a)

publish a statement in respect of a trade repository under regulation 28; or

(b)

impose a penalty on a trade repository under regulation 29;

the trade repository may refer the matter to the Tribunal.

(5)

After a statement under regulation 28 is published, the FCA must send a copy of it to the trade repository concerned and to any person to whom a copy of the decision notice was given under section 393(4) of the FSMA (third party rights) (as applied by regulation 37).