Final Notice
FINAL NOTICE
To:
The Dental Plan Ltd
Of:
James Traill House
Thurso Enterprise Park
Thurso
KW14 7XW
Dated: 20 September 2017
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against TDPL.
2.
The Authority issued to TDPL the Decision Notice which notified TDPL that for the
reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel TDPL’s Part 4A permission.
3.
TDPL has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was issued to it.
4.
Accordingly, the Authority has today cancelled TDPL’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;
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Final Notice
Page 2
“the Decision Notice” means the Decision Notice issued to TDPL dated 2 August
2017;
“the Returns” means the Retail Mediation Activities Return, CCR002 (Volumes)
Return and CCR006 (Debt Collection) Return for the period ended 30 November
2016, which TDPL was due to submit to the Authority by 16 January 2017;
“the suitability Threshold Condition” means the Threshold Condition set out in
paragraph 2E of Schedule 6 to the Act;
“TDPL” means The Dental Plan Ltd;
“TDPL’s Part 4A permission” means the permission granted by the Authority to
TDPL pursuant to Part 4A of 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 TDPL dated 10 July
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 TDPL is failing
to satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that TDPL is a fit and proper person having regard to all the circumstances,
including whether TDPL managed its business in such a way as to ensure that its
affairs were conducted in a sound and prudent manner.
7.
This is because TDPL has failed to comply with the regulatory requirement to
submit the Returns. TDPL has not been open and co-operative in all its dealings
with the Authority, in that TDPL has failed to respond adequately to the
Authority's repeated requests for it to submit the Returns, and has thereby failed
to comply with Principle 11 of the Authority's Principles for Businesses and to
satisfy the Authority that it 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 TDPL’s suitability, lead the
Authority to conclude that TDPL has failed to manage its business in such a way
as to ensure that its affairs are conducted in a sound and prudent manner, that it
is not a fit and proper person, and that it is therefore failing to satisfy the
Threshold Conditions in relation to the regulated activities for which TDPL 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.
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IMPORTANT
10.
This Final Notice is given to TDPL 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 TDPL 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).
John Kirby
Enforcement and Market Oversight Division