§ 22 — Proceedings for regulatory action

22.—(1) Before exercising any powers under section 18(1) in respect of section 18(1)(a), (b), (c) or (d), section 18(2) in respect of section 18(2)(a), (b) or (c), section 19(2) or (3), section 20(1) in respect of section 20(1)(a), (b) or (c), section 20(2) in respect of section 20(2)(a), (b) or (c), or section 21(2) or (3), the Registrar must give written notice to the registered person concerned —(a)

stating that the Registrar intends to take regulatory action against the registered person;

(b)

specifying the type of action in section 18(1) or (2), 19(2) or (3), 20(1) or (2) or 21(2) or (3) that the Registrar proposes to take, and (if applicable) each contravention or non‑compliance that is the subject of the action; and

(c)

specifying the time (being at least 14 days after the date of service of notice on the registered person) within which written representations may be made to the Registrar with respect to the proposed action.

(2) The Registrar may, after considering any written representation under subsection (1)(c), decide to take such regulatory action in section 18(1) or (2), 19(2) or (3), 20(1) or (2) or 21(2) or (3) as the Registrar considers appropriate.

(3) Where the Registrar has made any decision under subsection (2) against any registered person, the Registrar must serve on the registered person concerned a written notice of the Registrar’s decision.

(4) Any cancellation or suspension of any registration under section 18(1) or (2), 19(2) or (3), 20(1) or (2) or 21(2) or (3) does not affect —(a)

the enforcement by any person of any right or claim against the registered person; or

(b)

the enforcement by the registered person of any right or claim against any person.

—(1) Before exercising any powers under section 18(1) in respect of section 18(1)(a), (b), (c) or (d), section 18(2) in respect of section 18(2)(a), (b) or (c), section 19(2) or (3), section 20(1) in respect of section 20(1)(a), (b) or (c), section 20(2) in respect of section 20(2)(a), (b) or (c), or section 21(2) or (3), the Registrar must give written notice to the registered person concerned —(a)

stating that the Registrar intends to take regulatory action against the registered person;

(b)

specifying the type of action in section 18(1) or (2), 19(2) or (3), 20(1) or (2) or 21(2) or (3) that the Registrar proposes to take, and (if applicable) each contravention or non‑compliance that is the subject of the action; and

(c)

specifying the time (being at least 14 days after the date of service of notice on the registered person) within which written representations may be made to the Registrar with respect to the proposed action.

(2) The Registrar may, after considering any written representation under subsection (1)(c), decide to take such regulatory action in section 18(1) or (2), 19(2) or (3), 20(1) or (2) or 21(2) or (3) as the Registrar considers appropriate.

(3) Where the Registrar has made any decision under subsection (2) against any registered person, the Registrar must serve on the registered person concerned a written notice of the Registrar’s decision.

(4) Any cancellation or suspension of any registration under section 18(1) or (2), 19(2) or (3), 20(1) or (2) or 21(2) or (3) does not affect —(a)

the enforcement by any person of any right or claim against the registered person; or

(b)

the enforcement by the registered person of any right or claim against any person.