Final Notice
FINAL NOTICE
To:
Scottish Air Systems (Craig Drummond trading as)
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against Mr Drummond.
2.
The Authority issued to Mr Drummond the Decision Notice which notified Mr
Drummond that for the reasons given below and pursuant to section 55J of the Act,
the Authority had decided to cancel Mr Drummond’s Part 4A permission.
3.
Mr Drummond 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 Drummond’s Part 4A permission.
Scottish Air Systems (Craig Drummond trading as)
30 January 2019
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 Drummond dated 8
November 2018;
“Mr Drummond’s Part 4A permission” means the permission granted by the
Authority to Scottish Air Systems (Craig Drummond trading as) pursuant to Part 4A
of the Act;
“the Overdue Balance” means the amount owed by Mr Drummond to the Authority
of £401 comprising an invoice dated 5 September 2017 for £250 for late submission
of a regulatory return, which had been due to be submitted by 22 May 2017; and
an invoice dated 19 October 2017 for £151 for regulatory fees and levies, which
was due for payment by 18 November 2017;
“the Principles” means the Authority’s Principles for Businesses;
“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 to Mr Drummond dated 16
October 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 Drummond is
failing to meet the suitability Threshold Condition, in that the Authority is not
satisfied that Mr Drummond is a fit and proper person having regard to all the
circumstances, including whether Mr Drummond managed his business in such a
way as to ensure that his affairs were conducted in a sound and prudent manner.
7.
Mr Drummond has failed to pay the Overdue Balance and has not been open and
co-operative in all his dealings with the Authority, in that Mr Drummond has failed
to respond to the Authority’s repeated requests for him to 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 Drummond’s suitability,
lead the Authority to conclude that Mr Drummond 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 Part 4A permission.
Scottish Air Systems (Craig Drummond trading as)
30 January 2019
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 Drummond 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 Drummond 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 Maria Lewis
at the Authority (direct line: 020 7066 0897).
Anna Couzens
Enforcement and Market Oversight Division