Final Notice
FINAL NOTICE
To:
Al-Bukhari Travel and Leisure Services Limited
Address:
179-181 Bordesley Green
Birmingham
West Midlands
B9 5EX
FRN:
512145
Dated:
1 July 2013
ACTION
1.
For the reasons listed below and pursuant to Regulation 10(1)(h) (as applied by
Regulation 14) of the Payment Services Regulations 2009 (“the PSR”), the
Authority has decided to cancel the registration granted to Al-Bukhari Travel and
Leisure Services Limited (“Al-Bukhari”), as a small payment institution under the
PSR (“Al-Bukhari’s registration”).
2.
The Authority gave Al-Bukhari a Decision Notice on 16 May 2013 (“the Decision
Notice”) which notified Al-Bukhari that for the reasons given below and pursuant
to Regulation 10(1)(h) of the Payment Services Regulations 2009 (“the PSR”),
the Authority had decided to cancel the registration granted to Al-Bukhari as a
small payment institution under the PSR.
3.
Al-Bukhari has not referred the matter to the Tribunal within 28 days of the date
on which the Decision Notice was given to Al-Bukhari.
4.
Accordingly, the Authority has today cancelled Al-Bukhari’s registration as a small
payment institution.
DEFINITIONS
5.
The definitions below are used in this Final Notice:
“the Act” means the Financial Services and Markets Act 2000
“the Authority” means the body corporate previously known as the Financial
Services Authority and renamed on 1 April 2013 as the Financial Conduct
Authority
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber)
REASONS FOR THE ACTION
6.
On the basis of the facts and matters and conclusions described in the Warning
Notice dated 5 April 2013 (the “Warning Notice”), and in the Decision Notice, the
Authority has concluded that Al-Bukhari has failed to pay fees and levies owed to
the Authority totalling £460.00, and has failed to respond adequately to the
Authority’s repeated requests that it does so. These failings lead the Authority to
conclude that Al-Bukhari has failed to demonstrate a readiness and willingness to
comply with its ongoing regulatory obligations and to deal with the Authority in
an open and co-operative way. Therefore it is desirable to cancel Al-Bukhari’s
registration as a small payment institution in order to protect the interests of
consumers, in accordance with Regulation 10(1)(h) of the PSR (as applied by
Regulation 14).
DECISION MAKER
7.
The decision which gave rise to the obligation to give this Final Notice was made
by the Regulatory Decisions Committee.
IMPORTANT
8.
This Final Notice is given to Al-Bukhari in accordance with section 390(1) of the
Act (as applied by paragraph 7(b) of Part 1 of Schedule 5 to the PSR).
9.
Section 391(4), 391(6) and 391(7) of the Act (as applied by paragraph 7(c) of
Part 1 of Schedule 5 of the PSR) apply to the publication of information about the
matter to which this Final Notice relates. Under those provisions, the Authority
must publish such information about the matter to which this Final Notice relates
as the Authority considers appropriate. The information may be published in such
manner as the Authority considers appropriate. However, the Authority may not
publish information if such publication would, in the opinion of the Authority, be
unfair to Al-Bukhari or prejudicial to the interests of consumers.
10.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.
11.
For more information concerning this matter generally, Al-Bukhari should contact
Amar Unadkat at the Authority (direct line: 0207 066 7182).
John Kirby
Enforcement and Financial Crime Division