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Aug 21 2014 onwards

4. Opportunity to make representations before a decision



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(1) If the DFSA proposes to make a decision to which this Schedule applies, it must first give the Relevant Person:
(a) a written notice (a "Preliminary Notice") containing the information in sub-paragraph (2); and
(b) an opportunity to make representations to the DFSA in person and in writing concerning the decision the DFSA proposes to take.
(2) The Preliminary Notice must:
(a) specify the proposed decision;
(b) specify the reasons for that proposed decision, including any proposed findings of fact;
(c) include a copy of the relevant materials which were considered in making the proposed decision;
(d) inform the person that they may make representations to the DFSA concerning the proposed decision; and
(e) specify how and by when any representations may be made.
(3) For the purposes of sub-paragraph (2)(c), the DFSA:
(a) may refer to materials (instead of providing a copy) if they are already held by the Relevant Person or are publicly available; and
(b) is not required to provide material that is the subject of legal professional privilege.
(4) If the DFSA does not receive any representations within the period specified in the Preliminary Notice, it may proceed to make the proposed decision and give the person a Decision Notice in accordance with paragraph 5.
(5) If the DFSA receives representations within the period specified in the Preliminary Notice, it must consider the representations in making the decision.
(6) If, after considering the representations, the DFSA decides:
(a) to make the proposed decision (either as proposed or with variations), then it must give the person a Decision Notice under paragraph 5; or
(b) not to make the proposed decision, then it must as soon as practicable notify the person in writing that it has decided not to make the decision.
(7) If the DFSA concludes that any delay likely to arise as a result of complying with the procedures in this paragraph would be prejudicial to the interests of direct or indirect users of financial services in the DIFC or otherwise prejudicial to the interests of the DIFC:
(a) the requirements in sub-paragraphs (1) to (6) do not apply; and
(b) instead the DFSA must provide the person with an opportunity to make representations in accordance with the procedures in paragraph 6 after it has made the decision.