§ 90 — Proceedings for regulatory action

90.—(1) Before exercising any powers under section 88(1) or (2) or 89(2), the Authority must give written notice to the licensee or class licensee, or the former licensee or former class licensee, concerned —(a)

stating that the Authority intends to take regulatory action against the licensee or class licensee or former licensee or former class licensee;

(b)

specifying the type of action in section 88(1) or (2) or 89(2) that the Authority proposes to take, and each instance of contravention or non‑compliance that is the subject of the action; and

(c)

specifying the time (being not less than 14 days from the date of service of notice on the licensee or class licensee, or former licensee or former class licensee, as the case may be) within which written representations may be made to the Authority with respect to the proposed action.

(2) The Authority may, after considering any written representation under subsection (1)(c), decide to take such regulatory action in section 88(1) or (2) or 89(2) as the Authority considers appropriate.

(3) Where the Authority has made any decision under subsection (2) against any licensee or class licensee, or former licensee or former class licensee, the Authority must serve on the licensee or class licensee, or former licensee or former class licensee (as the case may be) concerned a notice of its decision.

(4) Subject to Part 8, a decision to revoke a licence or disapply a class licence under section 88(1), or to impose a regulatory action in section 88(2) or 89(2), which is specified in the notice given under subsection (3), takes effect from the date on which that notice is given, or on such other date as may be specified in the notice.

(5) Any suspension or revocation of any licence or disapplication of a class licence under section 88 with respect to a licensee or class licensee 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 powers under section 88(1) or (2) or 89(2), the Authority must give written notice to the licensee or class licensee, or the former licensee or former class licensee, concerned —(a)

stating that the Authority intends to take regulatory action against the licensee or class licensee or former licensee or former class licensee;

(b)

specifying the type of action in section 88(1) or (2) or 89(2) that the Authority proposes to take, and each instance of contravention or non‑compliance that is the subject of the action; and

(c)

specifying the time (being not less than 14 days from the date of service of notice on the licensee or class licensee, or former licensee or former class licensee, as the case may be) within which written representations may be made to the Authority with respect to the proposed action.

(2) The Authority may, after considering any written representation under subsection (1)(c), decide to take such regulatory action in section 88(1) or (2) or 89(2) as the Authority considers appropriate.

(3) Where the Authority has made any decision under subsection (2) against any licensee or class licensee, or former licensee or former class licensee, the Authority must serve on the licensee or class licensee, or former licensee or former class licensee (as the case may be) concerned a notice of its decision.

(4) Subject to Part 8, a decision to revoke a licence or disapply a class licence under section 88(1), or to impose a regulatory action in section 88(2) or 89(2), which is specified in the notice given under subsection (3), takes effect from the date on which that notice is given, or on such other date as may be specified in the notice.

(5) Any suspension or revocation of any licence or disapplication of a class licence under section 88 with respect to a licensee or class licensee 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.