Commentary on Sections Exercise of regulatory functions Section 98: Special procedure
301.This section specifies what needs to be included in the statement of special procedure published by the Regulator. In the special procedure there is no provision for the issuing of a warning notice or an opportunity to make representations before the Regulator issues a determination notice. The determination notice must be given to all the persons who appear to be directly affected by the determination. It must also contain details of the Regulator’s requirement to review the determination under section 99 and of the right of referral to the Tribunal under section 99(7). Those to whom the determination on notice is given have the right to make representations before the Regulator reviews the determination.
302.The representations will be considered by the Regulator before the review and the “final notice” (the notice given after the review) is given in accordance with section 99(4). The procedure must provide for the final notice to contain information about the right of referral to the Tribunal. It must also provide for the form and further content of determination notices and final notices, the way they are given and any time limits that are applied at any stage of the procedure.