Part V Performance of Regulated Activities

Prohibition orders

57 Prohibition orders: procedure and right to refer to Tribunal.

(1)

If F1a regulator proposes to make a prohibition order it must give the individual concerned a warning notice.

(2)

The warning notice must set out the terms of the prohibition.

(3)

If F2a regulator decides to make a prohibition order it must give the individual concerned a decision notice.

(4)

The decision notice must—

(a)

name the individual to whom the prohibition order applies;

(b)

set out the terms of the order; and

(c)

be given to the individual named in the order.

(5)

A person against whom a decision to make a prohibition order is made may refer the matter to the Tribunal.

F3(6)

If—

(a)

the FCA proposes to make a prohibition order, and

(b)

as a result of the proposed order, an individual will be prohibited from performing a function of interest to the PRA,

the FCA must consult the PRA before giving a warning notice under this section.

(7)

A function is of interest to the PRA if it is performed in relation to a regulated activity carried on by—

(a)

a PRA-authorised person, or

(b)

a person who is an exempt person in relation to a PRA-regulated activity carried on by the person.

(8)

The PRA must consult the FCA before giving a warning notice under this section.