The Financial Services and Markets Act 2000 (Benchmarks) Regulations 2018

Decision notice U.K.

13.—(1) If, having considered any representations made in response to the warning notice, the FCA decides to—

(a) publish a statement under regulation 10 (public censure) (whether or not in the terms proposed); or

(b) impose a penalty under regulation 11 (financial penalties) (whether or not of the amount proposed);

it must without delay give the person concerned a decision notice.

(2) In the case of a statement, the decision notice must set out the terms of the statement.

(3) In the case of a penalty, the decision notice must state the amount of the penalty.

(4) If the FCA decides to—

(a) publish a statement in respect of a person under regulation 10 (public censure); or

(b) impose a penalty on a person under regulation 11 (financial penalties);

the person may refer the matter to the Tribunal.

(5) After a statement under regulation 10 (public censure) is published, the FCA must send a copy of it to the person concerned and to any person to whom a copy of the decision notice was given under section 393(4) M1 of the Act (third party rights) (as applied by regulation 23 (application of Part 26 of the Act (notices)).

Marginal Citations

M1 Section 393(4) was amended by paragraph 32(4) of Schedule 9(6) to the Financial Services Act 2012.