§ 31 — Proceedings for regulatory action

31.—(1) Before exercising any powers under section 29(1) or (2) or 30(2), the LTA must give written notice to the licensee or class licensee or former licensee or former class licensee concerned —(a)

stating that the LTA 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 29(1) or (2) or 30(2) that the LTA 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 LTA with respect to the proposed action.

(2) The LTA may, after considering any written representation under subsection (1)(c), decide to take any regulatory action in section 29(1) or (2) or 30(2) that the LTA considers appropriate.

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

(4) Subject to section 39, a decision to revoke a licence or disapply a class licence under section 29(1), or to impose a regulatory action in section 29(2) or 30(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 29 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.

(6) All financial penalties imposed under section 29(2) or 30(2) must be paid into the Consolidated Fund.

—(1) Before exercising any powers under section 29(1) or (2) or 30(2), the LTA must give written notice to the licensee or class licensee or former licensee or former class licensee concerned —(a)

stating that the LTA 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 29(1) or (2) or 30(2) that the LTA 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 LTA with respect to the proposed action.

(2) The LTA may, after considering any written representation under subsection (1)(c), decide to take any regulatory action in section 29(1) or (2) or 30(2) that the LTA considers appropriate.

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

(4) Subject to section 39, a decision to revoke a licence or disapply a class licence under section 29(1), or to impose a regulatory action in section 29(2) or 30(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 29 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.

(6) All financial penalties imposed under section 29(2) or 30(2) must be paid into the Consolidated Fund.