Final Notice
FINAL NOTICE
Dated: 16 May 2017
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Mr Drury.
2.
The Authority issued to Mr Drury 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 Mr Drury’s Part 4A permission.
3.
Mr Drury 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 Mr Drury’s Part 4A permission.
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 Financial Conduct Authority;
“the Decision Notice” means the Decision Notice issued to Mr Drury dated 28
March 2017;
“Mr Drury’s Part 4A permission” means the permission granted by the Authority
to Gary Drury pursuant to Part 4A of the Act;
“the Overdue Balance” means the amount owed by Mr Drury to the Authority
totalling £145, comprising an invoice in respect of periodic fees and levies dated 8
October 2015, which was due for payment by 7 November 2015;
“the Principles” means the Authority’s Principles for Businesses;
“the Return” means the CCR007 (key data) return for the period ended 31 March
2016, which Mr Drury was due to submit to the Authority by 13 May 2016;
“the suitability Threshold Condition” means the threshold condition stated in
Paragraph 2E of Schedule 6 to the Act;
“the Threshold Conditions” means the threshold conditions set out in Schedule 6
to the Act;
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber); and
“the Warning Notice” means the Warning Notice issued to Mr Drury dated 28
February 2017.
REASONS FOR ACTION
6.
On the basis of the facts and matters and conclusions described in the Warning
Notice and in the Decision Notice, it appears to the Authority that Mr Drury is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Mr Drury is a fit and proper person having regard to all the
circumstances, including whether Mr Drury managed his business in such a way
as to ensure that his affairs were conducted in a sound and prudent manner.
7.
This is because Mr Drury has failed to comply with the regulatory requirements to
submit the Return and pay the Overdue Balance. Mr Drury 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
pay the Overdue Balance, 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 Mr Drury’s suitability, lead
the Authority to conclude that Mr Drury 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 Mr Drury
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 Mr Drury 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 Mr Drury 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