Warning notices and representations before UK regulators

The common pattern

Each regime puts a proposed decision to the person before it is final. The person replies in writing, sometimes orally, and the regulator must consider the reply. Under the Data Protection Act 2018 the regulator must consider any oral or written representations before deciding whether to give a penalty notice and how much ². Under the Competition Act 1998 the CMA must give written notice to those likely to be affected and an opportunity to make representations ³.

FCA and PRA

Section 387 of the Financial Services and Markets Act 2000 requires a warning notice to set a reasonable period, of not less than 14 days, for representations to the regulator concerned ¹. The regulator may extend the period ¹. It must then decide within a reasonable period whether to give a decision notice ¹. Where the PRA receives representations in certain cases, it must give the FCA a copy or a record ¹.

Information Commission

Schedule 16 of the Data Protection Act 2018 sets the steps before a data protection fine. A notice of intent must give the reasons for the proposed penalty and an indication of the amount, with aggravating and mitigating factors ². It must say the person may make written representations and set a period of not less than 21 days. If oral representations are appropriate, the notice sets the arrangements ².

From 5 February 2026 the Data (Use and Access) Act 2025 added a rule that, within six months of the notice of intent or as soon as reasonably practicable after, the regulator must give a penalty notice or written notice that it will not give one ². From 30 September 2026 the text refers to the Commission in place of the Commissioner ². A penalty notice must state whether representations were received, and payment is due in a period of at least 28 days ².

Competition and Markets Authority

Rule 5 of the CMA's Rules requires a notice, the statement of objections, to each party the CMA proposes to find in breach ⁴. Rule 6 says it must state the facts, the objections, the proposed action and the reasons, and the periods for written representations on confidentiality and on substance ⁴.

The CMA must give a reasonable opportunity to inspect the file, with internal documents and some others withheld ⁴. It must offer an oral hearing chaired by a Procedural Officer not involved in the investigation. The officer reports on the fairness of the procedure to the decision makers ⁴. If no written representations arrive in time, the CMA may proceed without them ⁴. Complaints to the Procedural Officer get a decision within 20 working days, extendable by 20 more ⁴.

Ofcom

Under section 96A of the Communications Act 2003, where Ofcom has reasonable grounds to believe a condition has been breached, it may give a notification ⁵. The notification sets out the determination, the condition and contravention, the period for representations, the steps Ofcom thinks should be taken and any penalty it is minded to impose ⁵. Before notifying, Ofcom must consider whether proceeding under the Competition Act 1998 would be more appropriate ⁵.