• Conclusion of proceedings

    • 250. Notices of Discontinuance

      (1) If the Regulator decides not to take —
      (a) the action proposed in a warning notice given by it; or
      (b) the action to which a decision notice given by it relates;
      it must give a Notice of Discontinuance to the person to whom the warning notice or decision notice was given.
      (2) But subsection (1) does not apply if the discontinuance of the proceedings concerned results in the granting of an application made by the person to whom the warning or decision notice was given.
      (3) Any Notice of Discontinuance must —
      (a) state that, if the person to whom the notice is given consents, the Regulator may publish such information as it considers appropriate about the matter to which the discontinued proceedings related; and
      (b) be accompanied by a statement that, if the person to whom the notice is copied consents, the Regulator may publish such information as it considers appropriate about the matter to which the discontinued proceedings related, so far as relevant to that person.
      (4) A Notice of Discontinuance must identify the proceedings which are being discontinued.

    • 251. Final notices

      (1) If the Regulator has given a person a decision notice and the matter was not referred to the Appeals Panel (or a decision of the Appeals Panel in relation to the matter was made) within the time required by any procedures of the Appeals Panel, the Regulator must, on taking the action to which the decision notice relates, give the person concerned and any person to whom the decision notice was copied, a final notice.
      (2) If the Regulator has given a person a decision notice and the matter was referred to the Appeals Panel, the Regulator must, on taking action in accordance with any directions given by the Appeals Panel, give that person and any person to whom the decision notice was copied, the notice required by subsection (3).
      (3) The notice required by this subsection is —
      (a) in a case where the Regulator is acting in accordance with a direction given by the Appeals Panel, a further decision notice; and
      (b) in any other case, a final notice.
      (4) A final notice must, to the extent applicable —
      (a) state the amount of any financial penalty to be made and the date by which it is to be paid;
      (b) state the period for which any suspension, limitation or restriction is to have effect;
      (c) state the terms of any statement to be published;
      (d) when ordering restitution in the form of payment —
      (i) state the amount that is to be paid or distributed;
      (ii) identify the person or persons to whom that amount is to be paid or among whom that amount is to be distributed; and
      (iii) state the arrangements in accordance with which the payment or distribution is to be made.
      (5) If all or any of a required payment has not been made at the end of a period stated in a final notice in accordance with subsection 251(4)(a), the obligation to make the payment is enforceable as a debt by the person entitled to the payment.
      Amended on (30 December, 2021).