AI Summary of 41. Head of Financial Regulation to prepare report.
The Head of Financial Regulation must, as soon as practicable after completing an investigation, prepare a draft report having considered the notice under section 25A(1), any relevant information or evidence gathered or received in the course of the investigation, and any response made by the person in accordance with the statement referred to in section 25A(2)(c), together with any other relevant submissions. The Head must then serve on the person whose fitness and probity was the subject of the investigation, and any regulated financial service provider or holding company concerned, a copy of the draft report, a copy of this section, and a written notice stating that written submissions may be made within 7 days of service or such longer period as the Head considers necessary.
As soon as practicable after the end of that period the Head must consider any submissions, make any warranted revisions and finalise the report. The Head must not recommend or express any opinion in the draft or final report as to whether any prohibition should be imposed under section 43 if the Bank or the Governor forms the opinion referred to in subsection (1) of that section. After finalisation the Head must provide the final report and any submissions to the Bank and the Governor and serve them on the person under investigation and any regulated financial service provider or holding company concerned.
41. Head of Financial Regulation to prepare report.
(1) Where the Head of Financial Regulation has completed an investigation under this Chapter, he or she shall, after considering -
(a) the notice under section 25A(1),
(b) any relevant information or evidence gathered or received by the Head of Financial Regulation in the course of the investigation, and
(c) any response made by the person to whom the investigation relates in accordance with a statement referred to in section 25A(2)(c), and any other relevant submission or statement made by the person in the course of the investigation,
as soon as practicable prepare a draft report of the investigation.
(2) The Head of Financial Regulation shall, as soon as practicable after preparing the draft report, serve on the person whose fitness and probity was the subject of the investigation, and any regulated financial service provider or holding company concerned -
(a) a copy of the draft report,
(b) a copy of this section, and
(c) a notice in writing stating that the person, and any regulated financial service provider or holding company concerned, may make submissions in writing to the Head of Financial Regulation on the draft report within the period stated in the notice, which shall be -