DEPP 6A.4 The interaction between the power to impose suspensions or restrictions and the power to impose penalties or public censures

The deterrent effect and impact on a person of a suspension or restriction, by itself or in combination with a financial penalty, may be greater than where only a financial penalty is imposed. The FSA will consider the overall impact and deterrent effect of the sanctions it imposes when determining the level of penalty and the length of suspension or restriction.

The FSA expects usually to take the following approach in respect of the interaction between a suspension or restriction and a financial penalty or public censure:

1. (1)

   The FSA will determine which sanction, or combination of sanctions, is appropriate for the breach.

2. (2)

   If the FSA, following the approach set out in DEPP 6.2, considers it appropriate to impose a financial penalty, it will calculate the appropriate level of the financial penalty, following the approach set out in DEPP 6.5 to DEPP 6.5D.

3. (3)

   If the FSA, following the approach set out in DEPP 6A.2, considers it appropriate to impose a suspension or restriction, it will calculate the appropriate length of the period of suspension or restriction, following the approach set out in DEPP 6A.3 .

4. (4)

   Where the FSA considers it appropriate to impose both a financial penalty and a suspension or restriction, it will decide whether the combined impact on the person is likely to be disproportionate in respect to the breach and the deterrent effect of the sanctions.

5. (5)

   If the FSA considers the combined impact on the person is likely to be disproportionate, it will decide whether to reduce the period of suspension or restriction, the amount of the financial penalty or both, so that the combined impact of the sanctions is proportionate in relation to the breach and the deterrent effect of the sanctions. The FSA will decide which sanction to reduce after considering all the circumstances of the case.

6. (6)

   In deciding the final level of the financial penalty and the length of the period of suspension or restriction, the FSA will also take into account any representations by the person that the combined impact will cause them serious financial hardship. The FSA will take the approach set out in DEPP 6.5D in assessing this.

The FSA may depart from the approach set out in DEPP 6A.4.2 G. For example, the FSA may at the outset consider that a financial penalty is the only appropriate sanction for a breach but, having determined the appropriate level of financial penalty, may consider it appropriate to reduce the amount of the financial penalty for serious financial hardship reasons. In such a situation, the FSA may consider it appropriate to impose a suspension or restriction even if the FSA at the outset did not consider such a sanction to be appropriate. The FSA will take into account whether the person would suffer serious financial hardship in deciding the length of the period of suspension or restriction, and may decide not to impose a suspension or restriction if it considers such action would result in serious financial hardship.