SCHEDULE 1Administration and enforcement of Parts 3, 4, and 5

PART 3Administrative sanctions and offences

Administrative sanctions

Decision notice13

1

If, having considered any representations made in response to the warning notice, a regulator decides to—

a

publish a statement under paragraph 10 (whether or not in the terms proposed); or

b

impose a penalty under paragraph 11 (whether or not of the amount proposed),

it must without delay give the person concerned a decision notice.

2

In the case of a statement, the decision notice must set out the terms of the statement.

3

In the case of a penalty, the decision notice must state the amount of the penalty.

4

If a regulator decides to—

a

publish a statement in respect of a person under paragraph 10; or

b

impose a penalty on a person under paragraph 11,

the person may refer the matter to the Tribunal.

5

After a statement under paragraph 10 is published, the regulator concerned must send a copy of it to the person concerned and to any person to whom a copy of the decision notice was given under section 393(4) of the Act92 (third party rights) (as applied by paragraph 22).