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Part 4 · Licensing of Data Centre Operators

41. Authority to give opportunity to make representations before ordering financial penalty

(1)

Subsections (2) to (6) apply before the Authority makes an order under section 40(2) or (3).

(2)

The Authority must give the licensee written notice of —

(a)

the Authority’s intention to make the order; and

(b)

the date on which the Authority intends to make the order.

(3)

The date mentioned in subsection (2)(b) must not be earlier than 21 days after the date of the written notice in subsection (2).

(4)

The licensee may make representations to the Authority at any time before the date mentioned in subsection (2)(b).

(5)

The Authority must consider any representations made by the licensee before the date mentioned in subsection (2)(b).

(6)

The Authority must, on or after the date mentioned in subsection (2)(b), give the licensee written notice of the Authority’s final decision.

Part 5

Reconsiderations and Appeals

Part 6

Enforcement

Part 7

Miscellaneous

Part 8

Related Amendments to Cybersecurity Act 2018

Part 9

Saving and Transitional Provisions

Schedules