Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 450 · cap/450 (Cap. 450)

Cap. 450 Art. 59Publicstatementas to misconduct.

PART II

In KraftAmtlicher Text

(1) If it appears to the Authority that a person who is or was providing or who appears to be or to have been providing, a retirement scheme has contravened any of the provisions of this Act or of any regulations made thereunder or has contravened or failed to comply with any condition, obligation, requirement, directive or order made or given under any of the provisions of this Act, the Authority may publish a statement to that effect.

(2) Before publishing a statement under subarticle (1), the Authority shall give the person concerned written notice of the proposed statement and of the reasons for which it is proposed to

(a) refer to a person identified in the notice other than the person who is the subject of the notice; and

(b) are in the opinion of the Authority prejudicial to that person in any office or employment, the Authority shall, unless it considers it impracticable to do so, serve a copy of the notice also on that other person.

(4) A notice served on a person pursuant to the provisions of this article shall give particulars of the person’s right of appeal under article 54 and of the provisions of subsection (5).

(5) Subject to the provisions of article 54(4), upon the expiration of one month from the date of service of the notice under subarticle (2), or a copy of the notice under subarticle (3) of this article, whichever was the later, the Authority may publish the proposed statement and, after publication, shall send a copy to that person and to any person on whom a copy of the notice was served under subarticle (3) of this article.