§ 26 — Proceedings for regulatory action in respect of approved individuals

26.—(1) Before exercising any power under section 25, the Licensing Officer must give written notice to the licensee and the individual concerned, respectively —(a)

stating that the Licensing Officer intends to take regulatory action under section 25;

(b)

specifying the type of regulatory action in section 25(1) or (2) that 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 and the individual or (where the written notice is served on the licensee and the individual on different dates) the later of those dates) 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 25(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notice under subsection (1)(c) lapses, where no representation is so made or any representation made is subsequently withdrawn.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), the Licensing Officer must serve on the licensee and the individual concerned a notice of the Licensing Officer’s decision.

(4) Subject to section 37, a decision under section 25(1) to cancel an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee, or to impose a regulatory action in section 25(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) In the case of the suspension of any approval granted under section 20 for an individual to be deployed as a debt collector of a licensee, the Licensing Officer may (without compensation), in addition to the notice mentioned in subsection (3), issue any direction to the licensee or the individual, or both, that the Licensing Officer thinks fit.

(6) Without limiting subsection (5), the Licensing Officer may issue a direction to the licensee under that subsection requiring the licensee to —(a)

put in place measures, including proper training, to ensure that the licensee’s debt collectors understand and comply with this Act and do not conduct debt collection activities in a manner that would contravene other written laws, including the Penal Code 1871 and the Protection from Harassment Act 2014; or

(b)

keep proper records of any matter that relates to the deployment of the licensee’s debt collectors.

(7) Any suspension or cancellation of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee does not affect —(a)

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

(b)

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

—(1) Before exercising any power under section 25, the Licensing Officer must give written notice to the licensee and the individual concerned, respectively —(a)

stating that the Licensing Officer intends to take regulatory action under section 25;

(b)

specifying the type of regulatory action in section 25(1) or (2) that 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 and the individual or (where the written notice is served on the licensee and the individual on different dates) the later of those dates) 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 25(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), the Licensing Officer must serve on the licensee and the individual concerned a notice of the Licensing Officer’s decision.

(4) Subject to section 37, a decision under section 25(1) to cancel an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee, or to impose a regulatory action in section 25(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) In the case of the suspension of any approval granted under section 20 for an individual to be deployed as a debt collector of a licensee, the Licensing Officer may (without compensation), in addition to the notice mentioned in subsection (3), issue any direction to the licensee or the individual, or both, that the Licensing Officer thinks fit.

(6) Without limiting subsection (5), the Licensing Officer may issue a direction to the licensee under that subsection requiring the licensee to —(a)

put in place measures, including proper training, to ensure that the licensee’s debt collectors understand and comply with this Act and do not conduct debt collection activities in a manner that would contravene other written laws, including the Penal Code 1871 and the Protection from Harassment Act 2014; or

(b)

keep proper records of any matter that relates to the deployment of the licensee’s debt collectors.

(7) Any suspension or cancellation of an approval granted under section 20 for an individual to be deployed as a debt collector of a licensee does not affect —(a)

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

(b)

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