F1SCHEDULE 3Procedure in financial services cases and Wholesale Energy Cases

F2Respondents’ statements of case in a multiple regulator case

4A.

(1)

This paragraph applies in a multiple regulator case.

(2)

The primary regulator must send or deliver either—

(a)

a written statement (a “statement of case”) in support of the referred action; or

(b)

a written notification that it does not itself advance a case in support of the referred action,

so that it is received by the Upper Tribunal no later than 28 days after the day on which the primary regulator received from the Upper Tribunal the notification required by paragraph 3(4)(b).

(3)

A primary regulator providing a written notification under sub-paragraph (2)(b) must send or deliver a copy to the secondary regulator and the applicant and upon so doing—

(a)

the primary regulator shall not be required to take further steps in the proceedings unless the Upper Tribunal gives a direction to the contrary under rule 6; and

(b)

the respondent shall be the secondary regulator unless the Upper Tribunal orders otherwise.

(4)

The secondary regulator must send or deliver a written statement (“a statement of case”) in support of its decision to take the secondary regulator action so that it is received by the Upper Tribunal no later than 28 days after the day on which the secondary regulator received from the Upper Tribunal the notification required by paragraph 3(4)(b).

(5)

A statement of case must—

(a)

identify the statutory provisions providing for the referred action;

(b)

state the reasons in support for the referred action; and

(c)

set out all the matters and facts upon which the regulator relies to support the referred action.

(6)

A regulator must provide with the statement of case a list of—

(a)

all documents on which it relies in support of the referred action;

(b)

any further material which, in the opinion of the regulator, might undermine its decision to—

(i)

in the case of a primary regulator; take the referred action; and

(ii)

in the case of a secondary regulator; take the secondary regulator action.

(7)

The primary regulator and the secondary regulator must send to the applicant and the other regulator a copy of any statement of case required by sub-paragraphs (2) and (4) above and of the list referred to in sub-paragraph (6).