Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

DEPP 2.1 Statutory notices

When statutory notices are required


1The circumstances in which the warning notice and decision notice procedure apply are set out in DEPP 2 Annex 1.


The circumstances in which the supervisory notice procedure apply are set out in DEPP 2 Annex 2.


DEPP 2 Annex 1 and DEPP 2 Annex 2 identify the provisions of the Act or other enactment giving rise to the need for the relevant notice, and whether the decision maker is the RDC or FCA2 staff under executive procedures in each case.


Consistent decision making


FCA2 staff responsible for the taking of a statutory notice decision under executive procedures may refer the matter to the RDC for the RDC to decide whether to give the statutory notice if:

  1. (1)

    the RDC is already considering, or is shortly to consider, a closely related matter; and

  2. (2)

    the relevant FCA2 staff believe, having regard to all the circumstances, that the RDC should have responsibility for the decision. The relevant considerations might include:

    1. (a)

      the desirability of consistency in FCA2 decision making;

    2. (b)

      potential savings in the time and cost of reaching a decision;

    3. (c)

      the factors identified in DEPP 3.3.2 G as relevant to an assessment of whether a decision should be regarded as straightforward.