21.—(1) Where a warning notice is given by the FCA under regulation 19(1), neither the FCA nor any person to whom it is given or copied may publish the notice or any details concerning it.
(2) Where a decision notice is given by the FCA under regulation 19(4) relating to a recommendation for removal, neither the FCA nor any person to whom it is given or copied may publish the notice or any details concerning it.
(3) Where the FCA gives a decision notice under regulation 19(4) relating to public censure the FCA must, without undue delay, publish on its official website—
(a)information on the type and nature of the breach, and on the identity of the self-regulatory organisation on whom the measure is imposed; and
(b)such other information about the matter to which the notice relates as it considers appropriate,
subject to paragraphs (4) to (6).
(4) Where the FCA publishes information under paragraph (3) and the self-regulatory organisation concerned refers the matter to the Upper Tribunal (see regulation 22), the FCA must, without undue delay, publish on its official website information about the status of the appeal and its outcome.
(5) This paragraph applies where, in the FCA's opinion, publication of any information under paragraph (3) would—
(a)jeopardise the stability of the financial markets or an ongoing investigation; or
(b)cause disproportionate damage to the persons involved.
(6) Where paragraph (5) applies, the FCA must defer publication of the information concerned until such time as paragraph (5) ceases to apply, except that—
(a)if paragraph (5) continues to apply five years after the decision notice, that information must not be published; and
(b)in the meantime, the FCA must publish such other information under paragraph (3) as would not have the effect mentioned in paragraph (5)(a) or (b).
(7) Where the FCA publishes information in accordance with paragraphs (3) to (6), the FCA must ensure that the information remains on its official website for at least five years, unless the information is personal data and the Data Protection Act 1998 M1 requires the information to be retained for a different period.
(8) For the purposes of this regulation “personal data” has the meaning given in section 1 of the Data Protection Act 1998 M2.
Marginal Citations
M2Section 1 was amended by section 68 of, and Part 3 of Schedule 8 to, the Freedom of Information Act 2000 (c.36) and by S.I. 2004/3089.