Prior Representation Procedures
Decision Maker Decisions generally involve prescribed procedures, which require the
Decision Makerto give to the Personwho will be affected by his decision ("the Affected Person") a right of representation prior to making his decision. Prior representation procedures involve the Decision Makergiving 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'sexercising 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).
Decision Makerreceives no response or representations from the Affected Person within the period specified in the notice, the Decision Makermay regard the allegations or matters in the notice as undisputed and proceed to make his decision.
If, however, the Affected Person makes representations, then the
Decision Makerwill 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.
Should the Affected Person wish to make oral representations in addition to, or in lieu of, written submissions, he should notify the
Decision Makeras soon as practicable and within the timeframe provided for making representations. The notification should specify the matters on which the Personwishes to make oral representations, how long the Personexpects the representations will take and the names of any representatives appointed to attend the hearing at which the representations will be made.
The Affected Person may appoint one or more representatives of that
Person'schoice (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.
As soon as is reasonably practicable after receiving the notification for the meeting to take place, the
Decision Makerwill specify the time and place at which the meeting will take place. Before making his decision, the Decision Makermay also seek further comments or clarification from DFSA officers on matters that were represented to him by the Affected Person.
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 Committeemust be given to the Affected Person.