167Warning notices

167 Warning notices

167 Warning notices

(1) The Secretary may publish a notice (a warning notice) warning persons of particular risks involved in dealing with—

(a) a specified registered person or former registered person, or

(b) another person that the Secretary reasonably believes may have contravened this Act or the regulations.

(2) The Secretary may publish a warning notice in any way the Secretary sees fit.

(3) A warning notice may be published whether or not a complaint has been made.

(4) Before publishing a warning notice about a person, the Secretary must—

(a) conduct an investigation, and

(b) consult with the person by—

(i) giving the person written notice about the proposal to publish the warning notice, and

(ii) inviting the person to make submissions within the time specified in the notice, which must be no less than 2 business days, and

(iii) considering submissions made by the person within the specified time.

(5) Consultation with the person is not required if—

(a) the Secretary, after making reasonable efforts to do so, is not able to contact the person promptly, or

(b) in the Secretary’s opinion, there is an immediate risk to the public.

(6) A person is not entitled to compensation or any other remedy for loss or damage arising as a result of—

(a) the publication of a warning notice, or

(b) the publication of a fair report or summary of a warning notice.