Part 6Information to be included with electronic material
Enforcement
I1I252Further provision about notice under section 51
1
Before giving a notice under section 51(2) to a person the Commission must give the person a notice in writing of its intention to do so.
2
3
The Commission may give the person a notice under section 51(2) only if—
a
the period for making representations has ended, and
b
having taken any representations made by the person into account, the Commission is still of the view that it should give the person the notice under section 51(2).
4
A notice under subsection (1) must include information as to—
a
the grounds for the proposal to give a notice to the person under section 51(2),
b
the proposed effect of such a notice,
c
the right to make representations, and
d
the period within which representations may be made.
5
6
A notice under section 51(2) must include information as to—
a
the grounds for serving the notice,
b
rights of appeal, and
c
the consequences of not complying with the notice.
7
The Commission may by notice in writing withdraw or vary a notice under section 51(2) at any time.
8
A person to whom a notice under section 51(2) has been given may appeal against the notice on the ground that—
a
the decision to give the notice was based on an error of fact,
b
the decision was wrong in law,
c
the decision was unreasonable, or
d
any action specified in the notice is unreasonable.
9
An appeal under subsection (8) is to—
a
in England and Wales, the county court,
b
in Scotland, a sheriff, or
c
in Northern Ireland, a county court.
10
On an appeal under subsection (8) the county court or the sheriff may—
a
withdraw, confirm or vary the notice, or
b
remit the decision whether to withdraw, confirm or vary the notice to the Commission.