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).