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AI Summary of 933A. Resolution of suspected non-compliance by agreement relevant body

Section 933A pertains to agreements made between the Supervisory Authority and a relevant body concerning non-compliance with investigation and disciplinary procedures. If the Supervisory Authority has reasonable grounds to believe that a relevant body did not meet its obligations, an agreement may be reached at their discretion, whether or not an enquiry has begun. Terms of the agreement, which are binding on both parties, may include the acceptance of sanctions or payment of costs.

If the relevant body fails to comply with the agreement, the Supervisory Authority can seek a court order to enforce compliance. Additionally, any agreed payments can be recovered as a simple contract debt. The Supervisory Authority may elect to publish the agreement on its website, and the provisions of section 941 do not apply to such agreements.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 6 July 2024 - onwards
Version 2 of 2

933A. Resolution of suspected non-compliance by agreement relevant body

(1) Section 933(1) applies to the interpretation of this section as it applies to the interpretation of section 933.

(2) Subject to subsection (3), if the Supervisory Authority believes on reasonable grounds -

(a) if the relevant body falls within paragraph (a) of the definition of "relevant body", that the body did not comply with the approved investigation and disciplinary procedures, or

(b) if the relevant body falls within paragraph (b) of the definition of "relevant body", that the body did not comply with the applicable provisions in performing the Part 27 function or Part 28 function,

the Supervisory Authority and the relevant body may, at their absolute discretion, enter into an agreement (in this section referred to as a "section 933A agreement") to resolve the matters the subject of the non-compliance.

(3) The following provisions shall apply to the section 933A agreement:

(a) the agreement may be entered into notwithstanding that no enquiry under section 933 into the non-compliance has been commenced;

(b) the agreement may be entered into after an enquiry under section 933 into the non-compliance has been commenced but not, subject to paragraph (d), after it has been completed;