ENF 19.6 Decision making

The FSA's decision to make, revoke or vary an electronic commerce activity direction will generally be taken by the RDC Chairman. However, this is subject to two exceptions.

1. (1)

   In an urgent case and if the Chairman is not available, the decision will be taken by an RDC Deputy Chairman and where possible, but subject to the need to act swiftly, one other RDC member.

2. (2)

   If a provider who has been notified of the FSA's intention to make a direction or to vary a direction on its own initiative makes representations within the period and in the manner required by the FSA, then those representations will be considered by the RDC, rather than by the RDC Chairman alone. Having taking into account the provider's representations, the RDC will then decide whether to make the direction, or to vary the existing direction.

Where a provider must be given the opportunity to make representations to the FSA in relation to a proposed direction or variation of a direction (see ENF 19.3.3 G and ENF 19.3.6 G), the RDC Chairman will determine in each case the manner and the period within which those representations should be made.