Decision notices and second supervisory notices
3.28 If the Registrar receives no response or representations within the period specified in a warning notice, the Registrar may regard as undisputed the matters in the notice and a decision notice will be given accordingly.
3.29 If the Registrar receives no response or representations within the period specified in a first supervisory notice, the Registrar will not give a second supervisory notice. If the action under the first supervisory notice:
a. took effect immediately, or on a specified date which has already passed, it continues to have effect (subject to any proceedings on a referral to the ADGM Courts);
b. was to take effect on a specified date which is still in the future, it takes effect on that date (subject to any proceedings on a referral to the ADGM Courts); and
c. was to take effect when the matter was no longer open for review, it takes effect when the period to make representations (or for referral to the ADGM Courts, if longer) expires, unless the matter has been referred to the Court.
3.30 In any case in which representations are made, the Registrar will consider whether it is right in the circumstances to give the decision notice or a second supervisory notice (as appropriate). In doing so, the Registrar will:
a. consider all material before him;
b. consider all representations made (whether written, oral or both) and any comments by Registration Authority staff or others in respect of those representations; and
c. decide whether to give the notice and the terms of any notice given.
3.31 If the Registrar decides to give a decision notice or a second supervisory notice, the Registrar will ensure that:
a. the notice complies with the relevant provisions of CLR 2015 or CR 2020 (as applicable);
b. the notice includes a summary of the key representations made and how they have been taken into account; and
c. the Registration Authority staff make appropriate arrangements for the notice to be given.
3.32 If applicable, the Registrar will determine whether the Registration Authority is required to give a copy of the notice to a third party and, if so, facilitate the giving of the notice.