§ 23 — Proceedings for regulatory action against licensees and class licensees

23.—(1) Before exercising any power under section 22, the Licensing Officer must give written notice to the licensee or class licensee concerned —(a)

stating that the Licensing Officer intends to take regulatory action against the licensee or class licensee;

(b)

specifying the type of regulatory action in section 22(1) or (2) the Licensing Officer proposes to take, and the ground for taking the regulatory action; and

(c)

specifying the time (being at least 14 days after the date the written notice is served on the licensee or class licensee) within which written representations may be made to the Licensing Officer with respect to the proposed regulatory action.

(2) The Licensing Officer may decide to take the appropriate regulatory action described in section 22(1) or (2) —(a)

after considering any written representation made to him or her pursuant to the written notice mentioned in subsection (1); or

(b)

after the time delimited in the written notice under subsection (1)(c) lapses, where no representation is so made or any representation made is subsequently withdrawn.

(3) Where the Licensing Officer has made any decision under subsection (2) against any licensee or class licensee, the Licensing Officer must serve on the licensee or class licensee a notice of his or her decision.

(4) Subject to section 37, a decision to revoke a licence or disapply a class licence under section 22(1), or to impose a regulatory action under section 22(2), which is specified in the notice given under subsection (1), takes effect on the date that is immediately after the date on which that notice is given, or on any other date that may be specified in the notice.

(5) Any suspension or revocation of any licence of any licensee, or any suspension of application or disapplication of a class licence with respect to any class licensee, under section 22 does not affect —(a)

the enforcement by any person of any right or claim against the licensee or class licensee or the former licensee or former class licensee, as the case may be; or

(b)

the enforcement by the licensee or class licensee or the former licensee or former class licensee (as the case may be) of any right or claim against any person.

—(1) Before exercising any power under section 22, the Licensing Officer must give written notice to the licensee or class licensee concerned —(a)

stating that the Licensing Officer intends to take regulatory action against the licensee or class licensee;

(b)

specifying the type of regulatory action in section 22(1) or (2) the Licensing Officer proposes to take, and the ground for taking the regulatory action; and

(c)

specifying the time (being at least 14 days after the date the written notice is served on the licensee or class licensee) within which written representations may be made to the Licensing Officer with respect to the proposed regulatory action.

(2) The Licensing Officer may decide to take the appropriate regulatory action described in section 22(1) or (2) —(a)

after considering any written representation made to him or her pursuant to the written notice mentioned in subsection (1); or

(b)

after the time delimited in the written notice under subsection (1)(c) lapses, where no representation is so made or any representation made is subsequently withdrawn.

(3) Where the Licensing Officer has made any decision under subsection (2) against any licensee or class licensee, the Licensing Officer must serve on the licensee or class licensee a notice of his or her decision.

(4) Subject to section 37, a decision to revoke a licence or disapply a class licence under section 22(1), or to impose a regulatory action under section 22(2), which is specified in the notice given under subsection (1), takes effect on the date that is immediately after the date on which that notice is given, or on any other date that may be specified in the notice.

(5) Any suspension or revocation of any licence of any licensee, or any suspension of application or disapplication of a class licence with respect to any class licensee, under section 22 does not affect —(a)

the enforcement by any person of any right or claim against the licensee or class licensee or the former licensee or former class licensee, as the case may be; or

(b)

the enforcement by the licensee or class licensee or the former licensee or former class licensee (as the case may be) of any right or claim against any person.