Entire Section

  • Prior Representation Procedures

    • RPP 6-5-5

      Decision Maker Decisions generally involve prescribed procedures, which require the Decision Maker to give to the Person who will be affected by his decision ("the Affected Person") a right of representation prior to making his decision. Prior representation procedures involve the Decision Maker giving to the Affected Person:

      (a) a written notice setting out the basis on which he proposes to exercise the relevant DFSA power; and
      (b) a suitable opportunity to make representations prior to the Decision Maker's exercising the relevant DFSA power, unless the Law or Rules provide for making a decision without giving a prior right of representation. In the latter case, generally, a right of representation is given immediately after the decision is made (see paragraphs 6-5-12 to 6-5-16).
      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 6-5-6

      If the Decision Maker receives no response or representations from the Affected Person within the period specified in the notice, the Decision Maker may regard the allegations or matters in the notice as undisputed and proceed to make his decision.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 6-5-7

      If, however, the Affected Person makes representations, then the Decision Maker will take into account those representations in making his decision on the basis of the material then available, subject to seeking further clarification of any issues that might arise from such representations.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 6-5-8

      Should the Affected Person wish to make oral representations in addition to, or in lieu of, written submissions, he should notify the Decision Maker as soon as practicable and within the timeframe provided for making representations. The notification should specify the matters on which the Person wishes to make oral representations, how long the Person expects the representations will take and the names of any representatives appointed to attend the hearing at which the representations will be made.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 6-5-9

      The Affected Person may appoint one or more representatives of that Person's choice (who may be legally qualified) to attend the meeting at which representations will be made. Such representatives may make, or assist in making, the representations.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 6-5-10

      As soon as is reasonably practicable after receiving the notification for the meeting to take place, the Decision Maker will specify the time and place at which the meeting will take place. Before making his decision, the Decision Maker may also seek further comments or clarification from DFSA officers on matters that were represented to him by the Affected Person.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition

    • RPP 6-5-11

      Upon making the relevant decision, a written notice setting out the DFSA decision, the reasons for making such decision and any right of appeal to the Regulatory Appeals Committee must be given to the Affected Person.

      Derived from Notice of Updates (Made 20th December 2012). December 2012 Edition