Final Notice
FINAL NOTICE
To:
The Transportation Group (UK) Limited
ACTION
1.
For the reasons set out in this Final Notice, the Authority hereby takes the
following action against The Transportation Group (UK) Limited (“TTG”).
2.
The Authority gave TTG a Decision Notice on 25 July 2013 (“the Decision Notice”)
which notified TTG that for the reasons given below and pursuant to section 55J
of the Act, the Authority had decided to cancel the permission granted to TTG
under the Act (“TTG’s permission”).
3.
TTG has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was given to it.
4.
Accordingly, the Authority has today cancelled TTG’s permission.
DEFINITIONS
5.
The definitions below are also used in this Final Notice:
“the Act” means the Financial Services and Markets Act 2000;
“the Authority” means the body corporate previously known as the Financial
Services Authority and renamed on 1 April 2013 as the Financial Conduct
Authority;
“the Threshold Conditions” means the threshold conditions set out in Part 1 of
Schedule 6 to the Act;
“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber).
REASONS FOR THE ACTION
6.
On the basis of the facts and matters and conclusions described in the Warning
Notice issued to TTG dated 1 July 2013, and in the Decision Notice, it appears to
the Authority that TTG is failing to satisfy the Threshold Conditions, in that the
Authority is not satisfied that TTG is a fit and proper person having regard to all
the circumstances, including whether TTG managed its business in such a way as
to ensure that its affairs are conducted in a sound and prudent manner.
7.
TTG has failed to notify the Authority of its cessation of regulated business or its
change of contact details, and it has failed to apply to cancel its permission.
8.
These failures lead the Authority to conclude that TTG 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 TTG 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 TTG 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 TTG 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.
Contact
13.
For more information concerning this matter generally, please contact Edward
Thompson at the Authority (direct line: 020 7066 3564).
John Kirby
Enforcement and Financial Crime Division