§ 68 — Proceedings for regulatory action

68.—(1) Before exercising any powers under section 66(1) or (2) or 67(2), the Licensing Officer must give written notice to the licensee or class licensee or the former licensee or former class licensee concerned —(a)

stating that the Licensing Officer 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 66(1) or (2) or 67(2) that the Licensing Officer 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 Licensing Officer with respect to the proposed action.

(2) The Licensing Officer may, after considering any written representation under subsection (1)(c), decide to take such regulatory action in section 66(1) or (2) or 67(2) as the Licensing Officer considers appropriate.

(3) Where a Licensing Officer has made any decision under subsection (2) against any licensee or class licensee, or former licensee or former class licensee, the Licensing Officer 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 section 77(4), a decision to revoke a licence or disapply a class licence under section 66(1), or to impose a regulatory action in section 66(2) or 67(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 66 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 66(1) or (2) or 67(2), the Licensing Officer must give written notice to the licensee or class licensee or the former licensee or former class licensee concerned —(a)

stating that the Licensing Officer 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 66(1) or (2) or 67(2) that the Licensing Officer 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 Licensing Officer with respect to the proposed action.

(2) The Licensing Officer may, after considering any written representation under subsection (1)(c), decide to take such regulatory action in section 66(1) or (2) or 67(2) as the Licensing Officer considers appropriate.

(3) Where a Licensing Officer has made any decision under subsection (2) against any licensee or class licensee, or former licensee or former class licensee, the Licensing Officer 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 section 77(4), a decision to revoke a licence or disapply a class licence under section 66(1), or to impose a regulatory action in section 66(2) or 67(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 66 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.