Part XXVI Notices
Third party rights and access to evidence
393 Third party rights.
(1)
If any of the reasons contained in a warning notice to which this section applies relates to a matter which—
(a)
identifies a person (“the third party”) other than the person to whom the notice is given, and
(b)
in the opinion of the F1regulator giving the notice, is prejudicial to the third party,
a copy of the notice must be given to the third party.
(2)
Subsection (1) does not require a copy to be given to the third party if the F2regulator giving the notice —
(a)
has given him a separate warning notice in relation to the same matter; or
(b)
gives him such a notice at the same time as it gives the warning notice which identifies him.
(3)
(4)
If any of the reasons contained in a decision notice to which this section applies relates to a matter which—
(a)
identifies a person (“the third party”) other than the person to whom the decision notice is given, and
(b)
in the opinion of F5the regulator giving the notice, is prejudicial to the third party,
a copy of the notice must be given to the third party.
(5)
If the decision notice was preceded by a warning notice, a copy of the decision notice must (unless it has been given under subsection (4)) be given to each person to whom the warning notice was copied.
(6)
Subsection (4) does not require a copy to be given to the third party if F6the regulator giving the notice—
(a)
has given him a separate decision notice in relation to the same matter; or
(b)
gives him such a notice at the same time as it gives the decision notice which identifies him.
(7)
Neither subsection (1) nor subsection (4) requires a copy of a notice to be given to a third party if F7the regulator giving the notice considers it impracticable to do so.
(8)
Subsections (9) to (11) apply if the person to whom a decision notice is given has a right to refer the matter to the Tribunal.
(9)
A person to whom a copy of the notice is given under this section may refer to the Tribunal—
(a)
the decision in question, so far as it is based on a reason of the kind mentioned in subsection (4); or
(b)
any opinion expressed by F8the regulator giving the notice in relation to him.
(10)
The copy must be accompanied by an indication of the third party’s right to make a reference under subsection (9) and of the procedure on such a reference.
(11)
A person who alleges that a copy of the notice should have been given to him, but was not, may refer to the Tribunal the alleged failure and—
(a)
the decision in question, so far as it is based on a reason of the kind mentioned in subsection (4); or
(b)
any opinion expressed by F9the regulator giving the notice in relation to him.
(12)
Section 394 applies to a third party as it applies to the person to whom the notice to which this section applies was given, in so far as the material F10to which access must be given under that section relates to the matter which identifies the third party.
(13)
A copy of a notice given to a third party under this section must be accompanied by a description of the effect of section 394 as it applies to him.
(14)
Any person to whom a warning notice or decision notice was copied under this section must be given a copy of a notice of discontinuance applicable to the proceedings to which the warning notice or decision notice related.