SCHEDULES

SCHEDULE 2 Procedure etc.

Part I Orders and Decisions Under Sections 3, 4 and 6

Notice of proposal

2

1

The F1OFT shall give to the person affected a notice informing him of the proposal and of the F1OFT’s reason for it; but paragraph 1(2) above shall not apply for the purposes of this sub-paragraph.

2

In the case of a proposal to make an order, the notice under sub-paragraph (1) above shall inform the person affected of the substance of the proposed order and, in the case of a proposal to make an order under section 3 of this Act, shall—

a

set out those matters falling within subsection (1) of that section which the F1OFT intends should be specified as the grounds for the order, and

b

specify any other matters of which the F1OFT has taken account under subsection (2) of that section, and

c

if the F1OFT proposes to rely on section 4(3) of this Act to establish the unfitness of the person affected, state that fact.

3

The notice given under sub-paragraph (1) above shall invite the person affected, within such period of not less than twenty-one days as may be specified in the notice—

a

to submit to the F1OFT his representations in writing as to why the order should not be made or, as the case may be, should be varied or revoked in accordance with the application, and

b

to give notice to the F1OFT , if he thinks fit, that he wishes to make such representations orally,

and where notice is given under paragraph (b) above the F1OFT shall arrange for the oral representations to be heard.