(1)If [F2921a regulatorF2921] has given a person a decision notice and the matter was not referred to the Tribunal within the [F2922time required by Tribunal Procedure RulesF2922] , [F2923the regulatorF2923] must, on taking the action to which the decision notice relates, give the person concerned and any person to whom the decision notice was copied a final notice.
(2)If [F2924a regulatorF2924] has given a person a decision notice and the matter was referred to the Tribunal, [F2925the regulatorF2925] must, on taking action in accordance with any directions given by—
(a)the Tribunal, or
[F2926 (b)a court on an appeal against the decision of the Tribunal,F2926]
give that person and any person to whom the decision notice was copied [F2927the notice required by subsection (2A)F2927] .
[F2928 (2A)The notice required by this subsection is—
(a)in a case where the regulator is acting in accordance with a direction given by the Tribunal under section 133(6)(b), or by the court on an appeal from a decision by the Tribunal under section 133(6), a further decision notice, and
(b)in any other case, a final notice.F2928]
(3)A final notice about a statement must—
(a)set out the terms of the statement;
(b)give details of the manner in which, and the date on which, the statement will be published.
(4)A final notice about an order must—
(a)set out the terms of the order;
(b)state the date from which the order has effect.
(5)A final notice about a penalty must—
(a)state the amount of the penalty;
(b)state the manner in which, and the period within which, the penalty is to be paid;
(c)give details of the way in which the penalty will be recovered if it is not paid by the date stated in the notice.
(6)A final notice about a requirement to make a payment or distribution in accordance with section 384(5) must state—
(a)the persons to whom,
(b)the manner in which, and
(c)the period within which,
it must be made.
(7)In any other case, the final notice must—
(a)give details of the action being taken;
(b)state the date on which the action is to be taken.
(8)The period stated under subsection (5)(b) or (6)(c) may not be less than 14 days beginning with the date on which the final notice is given.
(9)If all or any of the amount of a penalty payable under a final notice is outstanding at the end of the period stated under subsection (5)(b), [F2929the regulator giving the noticeF2929] may recover the outstanding amount as a debt due to it.
(10)M36If all or any of a required payment or distribution has not been made at the end of a period stated in a final notice under subsection (6)(c), the obligation to make the payment is enforceable, on the application of [F2930the regulator giving the noticeF2930] , by injunction or, in Scotland, by an order under section 45 of the Court of Session Act 1988.
684.This section requires a “final notice” to be issued to confirm and give effect to an action proposed in a decision notice (and to require payment in the case of a penalty) whenever the period for referring a matter to the Tribunal has expired, or if it has been referred, whenever the matter has been finally determined by the Tribunal or the higher courts. If the matter was referred to the Tribunal then the final notice will give effect to the directions of the Tribunal (or the higher courts if there has been a appeal).
685.Subsection (7) requires the final notice to set out details of the action which is being taken and the date when it is to be taken. Particular requirements for certain categories of case are given in subsections (3) to (6). For example the notice must include the terms of any public statement which is to be made and details of the manner and date of publication, or the amount of any financial penalty and details of how and when it is to be paid. The period for making payments must not be less than 14 days beginning with the date on which the final notice is given, after which the Authority may recover any outstanding amount as a debt owed to it.
686.A similar 14 day minimum period must be allowed for making restitution as required under section 384, after which any outstanding obligations are enforceable through an application by the Authority to the courts (for an injunction in England and Wales and Northern Ireland or, in Scotland, for an order under section 45 of the Court of Session Act 1988).