Part 6Information to be included with electronic material

Enforcement

I1I252Further provision about notice under section 51

1

Before giving a notice under section 51(2) to a person the Commission must give the person a notice in writing of its intention to do so.

2

The person may, within the period specified in the notice under subsection (1), make written representations to the Commission in relation to the proposal to give the person a notice under section 51(2). 

3

The Commission may give the person a notice under section 51(2) only if—

a

the period for making representations has ended, and

b

having taken any representations made by the person into account, the Commission is still of the view that it should give the person the notice under section 51(2).

4

A notice under subsection (1) must include information as to—

a

the grounds for the proposal to give a notice to the person under section 51(2),

b

the proposed effect of such a notice,

c

the right to make representations, and

d

the period within which representations may be made.

5

The period specified under subsection (4)(d) must not be less than 14 days beginning with the day on which the notice is given.

6

A notice under section 51(2) must include information as to—

a

the grounds for serving the notice,

b

rights of appeal, and

c

the consequences of not complying with the notice.

7

The Commission may by notice in writing withdraw or vary a notice under section 51(2) at any time.

8

A person to whom a notice under section 51(2) has been given may appeal against the notice on the ground that—

a

the decision to give the notice was based on an error of fact,

b

the decision was wrong in law,

c

the decision was unreasonable, or

d

any action specified in the notice is unreasonable.

9

An appeal under subsection (8) is to—

a

in England and Wales, the county court,

b

in Scotland, a sheriff, or

c

in Northern Ireland, a county court.

10

On an appeal under subsection (8) the county court or the sheriff may—

a

withdraw, confirm or vary the notice, or

b

remit the decision whether to withdraw, confirm or vary the notice to the Commission.