OpenLegislation

Paragraph 138 Procedure: warning noticeI1I2

United Kingdom

(1)

If the Bank proposes to impose a sanction on a person under paragraph 136(1) or (3) it must give that person a warning notice.

(2)

Section 387 of FSMA 2000 applies in relation to a warning notice given under sub-paragraph (1) and to the Bank as it applies in relation to a warning notice given under that Act and to the regulator which gave that notice, subject to sub-paragraphs (3) and (4).

(3)

In complying with section 387(1)(a) of that Act, a warning notice must in particular—

(a)

if it is about a proposal to publish a statement, set out the terms of the statement,

(b)

if it is about a proposal to impose a penalty, specify the amount of the penalty,

(c)

if it is about a proposal to direct a person to refrain from certain conduct, specify the conduct, and

(d)

if it is about a proposal to impose a prohibition on holding an office or other position, specify the extent of the prohibition.

(4)

For the purposes of sub-paragraph (2), section 387 of that Act has effect as if subsections (1A) and (3A) were omitted.

Annotations

Commencement

I1

Sch. 11 para. 138 not in force at Royal Assent, see s. 86(3)

I2

Sch. 11 para. 138 in force at 31.12.2023 by S.I. 2023/1382, reg. 8(b)