FINAL NOTICE

ACTION

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


2.
The Authority issued to Mr Buckfield the Decision Notice which notified Mr Buckfield
that for the reasons given below and pursuant to section 55J of the Act, the
Authority had decided to cancel Mr Buckfield’s Part 4A permission.


3.
Mr Buckfield has not referred the matter to the Tribunal within 28 days of the date
on which the Decision Notice was given to him.


4.
Accordingly, the Authority has today cancelled Mr Buckfield’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;


“Mr Buckfield’s Part 4A permission” means the permission granted by the Authority

to Mr Buckfield pursuant to Part 4A of the Act;

“the Decision Notice” means the Decision Notice issued by the Authority to Mr
Buckfield dated 7 March 2018;

“the Overdue Balance” means the amount owed by Mr Buckfield to the Authority of
£96.67 in respect of periodic fees and levies, which was due for payment by 23
November 2016;

“the Principles” means the Authority’s Principles for Businesses;

“the Returns” means CCR003 (Lenders) and CCR007 (key data) returns for the
period ended 1 April 2017, which Mr Buckfield was due to submit to the Authority
by 17 May 2017;

“the suitability Threshold Condition” means the threshold condition set out 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 by the Authority to Mr
Buckfield dated 6 February 2018.


REASONS FOR THE 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 Buckfield is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Mr Buckfield is a fit and proper person having regard to all the
circumstances, including whether Mr Buckfield managed his business in such a way
as to ensure that his affairs were conducted in a sound and prudent manner.


7.
Mr Buckfield has failed comply with the regulatory requirement to submit the
Return and pay the Overdue Balance. Mr Buckfield has not been open and co-
operative in all his dealings with the Authority, in that Mr Buckfield has failed to
respond to the Authority’s repeated requests for him to submit the Returns and pay
the Overdue Balance, and has thereby failed to comply with Principle 11 of the
Principles and to satisfy the Authority that he is ready, willing and organised to
comply with the requirements and standards of the regulatory system.


8.
These failures, which are significant in the context of Mr Buckfield’s suitability, lead
the Authority to conclude that Mr Buckfield 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
was granted a Part 4A 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 Buckfield in accordance with section 390(1) of the
Act.

Publicity

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 Buckfield 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.

Authority contact

13.
For more information concerning this matter generally, please contact Funmi Ojo at
the Authority (direct line: 020 7066 1354).

Anna Couzens
Enforcement and Market Oversight Division