Further Powers of Oft to Regulate Conduct of Licensees Etc. Section 41: Procedure in relation to requirements
72.Section 41 inserts a new section 33D after the new section 33C (inserted into the 1974 Act by section 40). Section 33D sets out the procedure OFT must follow when imposing requirements. When it is minded to impose, vary or revoke a requirement, OFT must give a notice to any person on whom the requirement is or would be imposed and any affected person. The notice should inform him of OFT’s reasons for wishing to impose, vary or revoke the requirement and invite the person to submit representations as to OFT’s proposed determination to impose, vary or revoke the requirement.
73.OFT does not need to issue a notice if the proposed determination is in the same terms as one proposed by the person on whom the requirement is or would be imposed or an affected person (so that if OFT and that person agree on the content of a proposed requirement, the notice procedure is not necessary in relation to that person).