DEC 5.2 Publication

Section 391(4) and (5) of the Act (Publication) provides that the FSA must publish such information about the matter to which a final notice, or supervisory notice that has taken effect, relates, as it considers appropriate. See also DEC 5.2.3 G.

If the FSA has given a notice of discontinuance, the FSA may, if the person to whom the notice is given consents, publish such information as it considers appropriate about the matter to which the discontinued proceedings related (section 391(2) of the Act). Similarly, section 391(3) of the Act indicates that where a notice of discontinuance has been copied to a person, the FSA may, if the person to whom the notice is copied consents, publish such information as it considers appropriate about the matter to which the discontinued proceedings related, so far as relevant to that person. See also DEC 5.2.3 G.

Section 391(6) of the Act provides that the FSA may not publish information relating to a final notice, supervisory notice that has taken effect or notice of discontinuance if publication would, in the FSA's opinion, be unfair to the person with respect to whom the action was taken or prejudicial to the interests of consumers.

Section 391(1) of the Act provides that neither the FSA nor any other person to whom a warning notice or decision notice is given or copied may publish the notice or any details concerning it.

Section 391(7) of the Act provides that information which is published may be published in such a manner as the FSA considers appropriate. The FSA will consider the particular circumstances of each case in deciding what manner of publication will be appropriate.