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Article 16 Warning letters

Original text. Later amendments are not shown.

(1)

Subject to paragraphs (3) and (4), the warning letter must—

(a)

state what the criticism or proposed criticism is;

(b)

contain a statement of the facts that the chairperson considers substantiate the criticism or proposed criticism; and

(c)

refer to any evidence which supports those facts.

(2)

The chairperson may provide copies of the evidence referred to with the warning letter, if he considers it appropriate to do so.

(3)

Where the warning letter is sent to a person under rule 14(1)(b)—

(a)

the requirements of paragraph (1) do not apply, but

(b)

subject to paragraph (4), the letter must refer to the evidence from which criticism could be inferred.

(4)

Paragraphs (1) to (3) are subject to any restrictions on the disclosure of evidence, documents or information pursuant to sections 7 and 8 of the Act, or resulting from a determination of public interest immunity.