DEPP 6A.2 Deciding whether to take action

The FCA1 will consider the full circumstances of each case and determine whether it is appropriate to impose a suspension or restriction. The FCA1 will usually make this decision at the same time as it determines whether or not to impose a financial penalty or a public censure.

The FCA1 will take into account relevant factors in deciding whether it is appropriate to impose a suspension or restriction. These may include factors listed in DEPP 6.2. There may also be other factors, not listed in DEPP 6.2, that are relevant.

The FCA1 will consider it appropriate to impose a suspension or restriction where it believes that such action will be a more effective and persuasive deterrent than the imposition of a financial penalty alone. This is likely to be the case where the FCA1 considers that direct and visible action in relation to a particular breach is necessary. Examples of circumstances where the FCA1 may consider it appropriate to impose a suspension or restriction include:

1. (1)

   where the FCA1 (or any previous regulator) has taken any previous disciplinary action resulting in adverse findings against the person;

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2. (2)

   where the FCA1 has previously taken action in respect of similar breaches and has failed to improve industry standards;

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3. (3)

   where the person has failed properly to carry out an agreed redress package or other agreed remedial measures;

4. (4)

   where the misconduct appears to be widespread across a number of individuals across a particular business area (suggesting a poor compliance culture);

5. (5)

   where the person's competitive position in the market has improved as a result of the breach;

6. (6)

   if, in accordance with DEPP 6.5D, the FCA1 considers that a proposed penalty would cause the subject of enforcement action serious financial hardship and that it is appropriate to reduce the proposed penalty.

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The FCA1 expects usually to suspend or restrict a person from carrying out activities directly linked to the breach. However, in certain circumstances the FCA1 may also suspend or restrict a person from carrying out activities that are not directly linked to the breach, for example, where an authorised person's relevant business area no longer exists or has been restructured.

1For the purposes of section 89S(1)(d) of the Act, the FCA expects usually to suspend the approval of a primary information provider.