249. Decision notices
(1) A decision notice, must, to the extent applicable —
(a) state the action which the Regulator has decided to take;
(b) be in writing;
(c) give the reasons of the Regulator for taking the action to which the notice relates;
(d) state whether —
(i) section 255 applies;
(ii) if that section applies, describe its effect and state whether any Secondary Material exists to which the person concerned must be allowed access under it; and
(e) inform the person concerned of its right to have the matter referred to the Regulatory Committee which is given by these Regulations;
(f) state the amount of any financial penalty to be made;
(g) state the period for which any suspension, limitation or restriction is to have effect; and
(h) state the terms of any statement to be published;
(i) 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.
(2) If the decision notice was preceded by a warning notice, the action to which the decision notice relates must be action under the same provision of these Regulations as the action proposed in the warning notice.
(3) The Regulator may, before it takes the action to which a decision notice (the "Original Notice") relates, give the person concerned a further decision notice which relates to different action in respect of the same matter.
(4) The Regulator may give a further decision notice as a result of subsection (3) only if the person to whom the Original Notice was given consents.
(5) If the person to whom a decision notice is given under subsection (3) had the right to refer the matter to which the original decision notice related to the Regulatory Committee, he has that right as respects the decision notice under subsection (3).
|Amended on (13 January, 2020).|