Final Notice
FINAL NOTICE
To:
The Heating Design Centre (James Gary Law trading as)
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against Mr Law.
2.
The Authority issued to Mr Law the Decision Notice which notified Mr Law that for
the reasons given below and pursuant to section 55J of the Act, the Authority had
decided to cancel Mr Law’s Part 4A permission.
3.
Mr Law 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 Law’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 Heating Design Centre (James Gary Law trading as)
26 October 2016
“the Authority” means the Financial Conduct Authority;
“the Decision Notice” means the Decision Notice issued to Mr Law dated 20
September 2016;
“Mr Law’s Part 4A permission” means the permission granted by the Authority to
The Heating Design Centre (James Gary Law trading as), under the Act;
“the Overdue Balance” means the amount owed by Mr Law to the Authority
totalling £295.00, which had been due for payment by 2 August 2015;
“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 Law dated 30
August 2016.
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 Law is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Mr Law is a fit and proper person having regard to all the
circumstances, including whether Mr Law managed his business in such a way as
to ensure that his affairs were conducted in a sound and prudent manner.
7.
Mr Law has failed to pay the Overdue Balance and he has not been open and co-
operative in all his dealings with the Authority, in that Mr Law 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 under the regulatory system.
8.
These failures, which are significant in the context of Mr Law’s suitability, lead the
Authority to conclude that Mr Law 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 Mr Law under section 55Z and in accordance with
section 390(1) of the Act.
The Heating Design Centre (James Gary Law trading as)
26 October 2016
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 Law 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 Prea Deans
at the Authority (direct line: 020 7066 2272).
John Kirby
Enforcement and Market Oversight Division