Procedure for regulatory action against licensees, etc.
21.—(1) Before exercising any power under section 20, the Director must give notice to the licensee concerned—
- (a) stating that the Director intends to take regulatory action against the licensee under section 20;
- (b) specifying the type of regulatory action in section 20(2) the Director proposes to take, and each instance of contravention or non-compliance that is the subject of the proposed action or the reason or reasons for the proposed regulatory action; and
- (c) specifying the time (being not less than 14 days after the date the notice is served on the licensee) within which written representations may be made to the Director with respect to the proposed regulatory action.
(2) The Director may decide to take the appropriate regulatory action in section 20(2)—
- (a) after considering any written representation made to the Director pursuant to the notice mentioned in subsection (1); or
- (b) after the time specified in the notice under subsection (1)(c), where no representation is so made or any written representation made is subsequently withdrawn.
(3) However, subsection (2) does not apply where the licensee has died, is adjudged bankrupt, has been dissolved or wound up or has otherwise ceased to exist.
(4) Where the Director decides under section 20(2) to take regulatory action against a licensee, the Director must serve on the licensee a notice of the decision.
(5) A decision by the Director under section 20(2) takes effect only when the Director serves the notice in subsection (4) on the licensee concerned, or on a later date specified in the notice.
