FINAL NOTICE

ACTION

1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Mr Whittington.

2.
The Authority issued to Alan Whittington the Decision Notice which notified him
that for the reasons given below and pursuant to section 55J of the Act, the
Authority had decided to cancel Alan Whittington’s permission.

3.
Alan Whittington has not referred the matter to the Tribunal within 28 days of the
date on which the Decision Notice was issued to him.

4.
Accordingly, the Authority has today cancelled Alan Whittington’s permission.

DEFINITIONS

5.
The definitions below are used in this Final Notice:

“the Act” means the Financial Services and Markets Act 2000;

“Alan Whittington’s permission” means the permission granted by the Authority to
Alan Whittington pursuant to Part 4A of the Act;

“the Authority” means the Financial Conduct Authority;

“the Decision Notice” means the Decision Notice issued to Alan Whittington dated
13 January 2016;

“the Return” means the CCR007 return for the period ended 31 March 2015,
which was due to be submitted to the Authority by 15 May 2015;

“the Threshold Conditions” means the threshold conditions set out in Schedule 6
to the Act; and

“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber).

REASONS FOR ACTION

6.
On the basis of the facts and matters and conclusions described in its Warning
Notice issued to Alan Whittington dated 16 December 2015 and in the Decision
Notice, it appears to the Authority that Alan Whittington is failing to satisfy the
Threshold Conditions, in that the Authority is not satisfied that Alan Whittington is
a fit and proper person having regard to all the circumstances, including whether
Alan Whittington managed his business in such a way as to ensure that his affairs
are conducted in a sound and prudent manner.

7.
This is because Alan Whittington has failed to comply with the regulatory
requirement to submit the Return. Alan Whittington has not been open and co-
operative in all his dealings with the Authority, in that he has failed to respond
adequately to the Authority's repeated requests for him to submit the Return, and
has thereby failed to comply with Principle 11 of the Authority's Principles for
Businesses and to satisfy the Authority that he is ready, willing and organised to
comply with the requirements and standards under the regulatory system.

8.
These failures, which are significant in the context of Alan Whittington’s
suitability, lead the Authority to conclude that Alan Whittington has failed to
manage his business in such a way as to ensure that his affairs are conducted in
a sound and prudent manner, that he is not a fit and proper person, and that he
is therefore failing to satisfy the Threshold Conditions in relation to the regulated
activities for which he has had a permission.

DECISION MAKER

9.
The decision which gave rise to the obligation to give this Final Notice was made
by the Regulatory Decisions Committee.

IMPORTANT

10.
This Final Notice is given to Alan Whittington in accordance with section 390(1) of
the Act.

11.
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 Alan Whittington or prejudicial to the interest of
consumers.

12.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.

13.
For more information concerning this matter generally, please contact Prea Deans
at the Authority (direct line: 020 7066 2272).

John Kirby
Enforcement and Market Oversight Division