FINAL NOTICE

ACTION

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



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


3.
VOCL 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 VOCL’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;

“the Decision Notice” means the Decision Notice issued to VOCL dated 26 July 2018;

“the Overdue Balance” means the amount owed by VOCL to the Authority of £145 in
respect of periodic fees and levies, which was due for payment by 9 October 2016;

“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);

“VOCL” means Vitality Optical Care Ltd;


“VOCL’s Part 4A permission” means the permission granted by the Authority to VOCL

pursuant to Part 4A of the Act; and

“the Warning Notice” means the Warning Notice issued to VOCL dated 4 July 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 VOCL is failing to
meet the suitability Threshold Condition, in that the Authority is not satisfied that
VOCL is a fit and proper person having regard to all the circumstances, including
whether VOCL managed its business in such a way as to ensure that its affairs were
conducted in a sound and prudent manner.


7.
VOCL has failed to pay the Overdue Balance and it has not been open and co-
operative in all its dealings with the Authority, in that VOCL has failed to respond to
the Authority’s repeated requests for it to pay the Overdue Balance, and has thereby
failed to comply with Principle 11 of the Principles and to satisfy the Authority that it
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 VOCL’s suitability, lead the
Authority to conclude that VOCL 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 it 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 VOCL 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 VOCL 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