Financial Services and Markets Act 2000

331 Procedure on making or varying orders under section 329. U.K.

(1) If the [F1 FCA] proposes to make an order under section 329, it must give the person concerned a warning notice.

(2) The warning notice must set out the terms of the proposed order.

(3) If the [F1 FCA] decides to make an order under section 329, it must give the person concerned a decision notice.

(4) The decision notice must—

(a) name the person to whom the order applies;

(b) set out the terms of the order; and

(c) be given to the person named in the order.

(5) Subsections (6) to (8) apply to an application for the variation or revocation of an order under section 329.

(6) If the [F1 FCA] decides to grant the application, it must give the applicant written notice of its decision.

(7) If the [F1 FCA] proposes to refuse the application, it must give the applicant a warning notice.

(8) If the [F1 FCA] decides to refuse the application, it must give the applicant a decision notice.

(9) A person—

(a) against whom the [F1 FCA] have decided to make an order under section 329, or

(b) whose application for the variation or revocation of such an order the [F1 FCA] had decided to refuse,

may refer the matter to the Tribunal.

(10) The [F1 FCA] may not make an order under section 329 unless—

(a) the period within which the decision to make to the order may be referred to the Tribunal has expired and no such reference has been made; or

(b) if such a reference has been made, the reference has been determined.

Textual Amendments

F1 Word in s. 331 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 16 para. 5 (with Sch. 20); S.I. 2013/423, art. 3, Sch.