Related provisions for DEPP 3.2.7

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The RDC may meet as a full committee, but will ordinarily meet in panels. Each meeting of the RDC will generally include:(1) its Chairman or a Deputy Chairman (who will chair the meeting); and(2) at least two other members.
(1) If a member of the RDC has a potential conflict of interest in any matter in which he is asked to participate he will disclose the conflict to the RDC Office, and disclose it:(a) in the case of the Chairman of the RDC, to the Chairman or Deputy Chairman of the FCA1; or1(b) in the case of a Deputy Chairman of the RDC, to the Chairman of the RDC, or if he is unavailable to the Chairman or Deputy Chairman of the FCA1; or1(c) in the case of any other member, to the Chairman or
Each member of the RDC present is entitled to vote on the matter under consideration. The chairman of the meeting will have a vote as a member of the RDC and will have the casting vote in a tie.
The RDC Chairman or a Deputy Chairman may, acting alone, decide:(1) matters relating to the arrangements for an RDC meeting, including its timing; and(2) the composition of the panel to consider a particular matter.
1References to the RDC in DEPP 3.2.14A G to DEPP 3.2.14G G are to the Chairman of the RDC panel which issued the warning notice or, if he is unavailable, either the Chairman of the RDC or a Deputy Chairman of the RDC.
DEPP 3.2.16GRP
(1) The recipient of a warning notice4may request an extension of the time allowed for making representations. Such a request must normally be made within seven days3of the notice being given.11(2) If a request is made, the Chairman or a Deputy Chairman of the RDC will decide whether to allow an extension, and, if so, how much additional time is to be allowed for making representations. In reaching their 3decision they will take into account all relevant factors including the
DEPP 3.2.17GRP
(1) If the recipient of a warning notice4indicates that he wishes to make oral representations, the RDC staff, in conjunction with the Chairman or a Deputy Chairman of the RDC, will fix a date or dates for a meeting at which the relevant RDC members will receive those representations.(2) In making those arrangements the RDC staff will draw the Chairman's or Deputy Chairman's attention to any particular issues about the timing of the meeting which have been raised by the recipient
DEPP 3.2.18GRP
The chairman of the relevant meeting will ensure that the meeting is conducted so as to enable:(1) the recipient of the warning notice4to make representations;(2) the relevant FCA1 staff to respond to those representations;1(3) the RDC members to raise with those present any points or questions about the matter (whether in response to particular representations or more generally about the matter); and(4) the recipient of the notice to respond to points made by FCA1staff or the
In statutory notice cases for which the RDC is the decision-maker, the Chairman or a Deputy Chairman of the RDC may take a straightforward decision to give the statutory notice.
The Chairman or, if he is unavailable, a Deputy Chairman will decide whether a decision is straightforward. In doing so he will have regard to all the circumstances. These may include:(1) the significance of the decision to those who would be affected by it;(2) its novelty in the light of stated policy and established practice;(3) the complexity of the relevant considerations, including whether representations have been made;(4) the range of alternative options;(5) the extent
The RDC Chairman or a Deputy Chairman may, notwithstanding the fact that a decision is straightforward, take the decision to give the statutory notice jointly with one or more other members of the RDC if he considers it appropriate to do so.
DEPP 4.1.13GRP
The procedure for taking decisions under executive procedures will generally be less formal and structured than that for decisions by the RDC. Broadly, however, FCA3 staff responsible for taking statutory notice decisions under executive procedures will follow a procedure similar to that described at DEPP 3.2.7 G to DEPP 3.2.27 G for the RDC except that:3(-1) 5oral representations will not be permitted unless there are exceptional circumstances (DEPP 2.3.1A); (1) in a case where
(1) The RDC is separate from the FCA's2 executive management structure. Apart from its Chairman, none of the members of the RDC is an FCA2employee.22(2) All members of the RDC are appointed for fixed periods by the FCA2 Board. The FCA2 Board may remove a member of the RDC, but only in the event of that member's misconduct or incapacity.22