PART 4SPECIFIC PROVISION FOR TRADE REPOSITORIES
CHAPTER 2ENFORCEMENT PROVISIONS RELATING TO TRADE REPOSITORIES
Decision notice27
1
If, having considered any representations made in response to the warning notice, the FCA decides to—
a
publish a statement under regulation 28 (whether or not in the terms proposed); or
b
impose a penalty under regulation 29 (whether or not of the amount proposed);
it must without delay give the trade repository concerned a decision notice.
2
In 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 the FCA decides to —
a
publish a statement in respect of a trade repository under regulation 28; or
b
impose a penalty on a trade repository under regulation 29;
the trade repository may refer the matter to the Tribunal.
5
After a statement under regulation 28 is published, the FCA must send a copy of it to the trade repository concerned and to any person to whom a copy of the decision notice was given under section 393(4) of the FSMA (third party rights) (as applied by regulation 37).