DEPP 2.1 Statutory notices

The circumstances in which the warning notice and decision notice procedure apply are set out in DEPP 2 Annex 1.

The circumstances in which the supervisory notice procedure apply are set out in DEPP 2 Annex 2.

DEPP 2 Annex 1 and DEPP 2 Annex 2 identify the provisions of the Act or other enactment giving rise to the need for the relevant notice, and whether the decision maker is the RDC or FCA staff under executive procedures in each case.

FCA staff responsible for the taking of a statutory notice decision under executive procedures may refer the matter to the RDC for the RDC to decide whether to give the statutory notice if:

1. (1)

   the RDC is already considering, or is shortly to consider, a closely related matter; and

2. (2)

   the relevant FCA staff believe, having regard to all the circumstances, that the RDC should have responsibility for the decision. The relevant considerations might include:

   1. (a)

      the desirability of consistency in FCA decision making;

   2. (b)

      potential savings in the time and cost of reaching a decision;

   3. (c)

      the factors identified in DEPP 3.3.2 G as relevant to an assessment of whether a decision should be regarded as straightforward.

If a statutory notice decision is referred to the RDC which would otherwise be taken by executive procedures in accordance with DEPP 2.1.4G, the RDC will follow the procedure as set out at DEPP 3.2.