Section 309Z4 Procedure for disciplinary actionF1

(1)

If the appropriate regulator proposes to take action against a person under section 309Z2, it must—

(a)

give the person a warning notice, and

(b)

in the case of proposed action under section 309Z2 (2)(c), (d) or (e), give each of the other interested parties a warning notice.

(2)

A warning notice under this section about a proposal to publish a statement of a person’s misconduct must set out the terms of the statement.

(3)

A warning notice under this section about a proposal to impose a penalty must state the amount of the penalty.

(4)

A warning notice under this section about—

(a)

a proposal to suspend an approval given under section 309G, or

(b)

a proposal to impose a condition in relation to such an approval,

must state the period for which the suspension or condition is to have effect.

(5)

A warning notice under this section about a proposal to limit the period for which an approval under section 309G is to have effect must state the length of that period.

(6)

If the appropriate regulator decides to take action against a person under section 309Z2, it must—

(a)

give the person a decision notice, and

(b)

in the case of proposed action under section 309Z2 (2)(c), (d) or (e), give each of the other interested parties a copy of the decision notice.

(7)

A decision notice under this section about the publication of a statement of a person’s misconduct must set out the terms of the statement.

(8)

A decision notice under this section about the imposition of a penalty must state the amount of the penalty.

(9)

A decision notice under this section about—

(a)

the suspension of an approval given under section 309G, or

(b)

the imposition of a condition in relation to such an approval,

must state the period for which the suspension or condition is to have effect.

(10)

A decision notice under this section about limiting the period for which an approval under section 309G is to have effect must state the length of that period.

(11)

If the appropriate regulator decides to take action against a person under section 309Z2—

(a)

the person may refer the matter to the Tribunal, and

(b)

in the case of proposed action under section 309Z2 (2)(c), (d) or (e), each of the other interested parties may also refer the matter to the Tribunal.

(12)

After a statement of a person’s misconduct is published under section 309Z2, the appropriate regulator must send a copy of it to—

(a)

the person concerned, and

(b)

any person to whom a copy of the decision notice was given.

(13)

In this section—

“Part 18 approved person”, in relation to a relevant recognised body, has the meaning given by section 309Z3 (5);
“the other interested parties”, in relation to a Part 18 approved person in relation to a relevant recognised body, are—
1. (a)
  the relevant recognised body, and
2. (b)
  the person by whom the Part 18 approved person’s services are retained, if different from the relevant recognised body.

Annotations

Textual amendments

F1: Pt. 18 Ch. 2A inserted (29.6.2023 for specified purposes) by Financial Services and Markets Act 2023 (c. 29), s. 86(1)(e), Sch. 10 para. 1

Notes on Part XVIII

Textual amendments

F1: Pt. 18 heading substituted (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), regs. 1, 2(8) (with regs. 7(4), 9(1))
F2: Words in Pt. 18 heading substituted (29.8.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 18(2), 86(3); S.I. 2023/779, reg. 4(m)

Modifications

C1: Pt. 18 applied in part (with modifications) (12.12.2011) by The Recognised Auction Platforms Regulations 2011 (S.I. 2011/2699), reg. 7, Sch. 2 (as amended (28.11.2017) by The Central Securities Depositories Regulations 2017 (S.I. 2017/1064), reg. 1, Sch. para. 37 (with regs. 7(4), 9(1)))