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PART XIII |
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DISCIPLINARY MEASURES |
| Public censure. |
176. If the Authority considers that an authorised person has contravened a requirement imposed on him by or under this Act, the Authority may publish a statement to that effect.
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| Financial penalties. |
177. - (1) If the Authority considers that an authorised person has contravened a requirement imposed on him by or under this Act, it may impose on him a penalty, in respect of the contravention, of such amount as it considers appropriate.
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(2) The Authority may not in respect of any contravention both require a person to pay a penalty under this section and withdraw his authorisation under section 30.
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(3) A penalty under this section is payable to the Authority.
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| Proposal to take disciplinary measures. |
178. - (1) If the Authority proposes-
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(a) to publish a statement in respect of an authorised person (under section 176), or |
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(b) to impose a penalty on an authorised person (under section 177),
it must give the authorised person a warning notice. |
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(2) A warning notice about a proposal to publish a statement must set out the terms of the statement.
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(3) A warning notice about a proposal to impose a penalty, must state the amount of the penalty.
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| Decision notice. |
179. - (1) If the Authority decides-
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(a) to publish a statement under section 176 (whether or not in the terms proposed), or |
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(b) to impose a penalty under section 177 (whether or not of the amount proposed),
it must without delay give the authorised person concerned a decision notice. |
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(2) In the case of a statement, the decision notice must set out the terms of the statement.
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(3) In the case of a penalty, the decision notice must state the amount of the penalty.
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(4) If the Authority decides to-
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(a) publish a statement in respect of an authorised person under section 176, or |
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(b) impose a penalty on an authorised person under section 177,
the authorised person may refer the matter to the Tribunal. |
| Notice for payment. |
180. - (1) If the Authority imposes a penalty on an authorised person under section 177 it must give him a notice under this section ("a notice for payment").
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(2) A notice for payment must-
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(b) require the authorised person to pay the penalty before the end of such period as may be specified in the notice. |
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(3) The specified period may not be less than 14 days beginning with the date on which the notice is given.
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(4) If all or any of the amount payable under a notice for payment is outstanding at the end of the specified period, the Authority may recover the outstanding amount as a debt due to it.
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| Publication. |
181. - (1) After a statement under section 176 is published, the Authority must send a copy of it to the authorised person and to any person on whom a copy of the decision notice was given under section 339(2).
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(2) Subsection (3) applies if, having considered imposing a financial penalty on an authorised person under section 177, the Authority decides not to impose it.
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(3) If the authorised person consents to the decision being made public, the Authority may publish information of a prescribed kind, in the prescribed way, about it.
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| Statements of policy. |
182. - (1) The Authority must prepare and publish a statement of its policy with respect to-
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(a) the imposition of penalties under this Part; and |
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(b) the amount of penalties under this Part. |
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(2) The Authority may at any time alter or replace any material published under this section.
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(3) If any such material is altered or replaced, the Authority must publish it as altered.
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(4) If the Authority publishes material under this section it must, without delay, give a copy to the Treasury.
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(5) Material must be published under this section in such a way as the Authority considers most suitable for bringing it to the attention of authorised persons.
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(6) If the Authority is-
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(a) preparing material for publication under this section, or |
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(b) considering altering material which it has published under this section,
it must consult such persons as it considers appropriate. |
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(7) When setting the amount of a penalty, the Authority must have regard to any material published under this section which is currently in force.
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