(1) Paragraphs (2) to (7) apply if, before 1st April 2014 -
(a) the OFT had given a notice under section 39B(1) of the 1974 Act (notice that OFT is minded to impose a civil penalty) [Inserted by the Consumer Credit Act 2006, section 53.] to a person ("A") that it is minded to impose a penalty on A under section 39A of the 1974 Act (power to impose civil penalties) [Inserted by the Consumer Credit Act 2006, section 52.], and
(b) the OFT had not before 1st April 2014 -
(i) given A a penalty notice under section 39A of the 1974 Act, or
(ii) given notice to A under section 34 of the 1974 Act of its determination not to give such a penalty notice.
(2) The notice is to be treated as a warning notice given by the FCA to A under section 207(1)(b) of the Act [Amended by the Financial Services Act 2010, Schedule 2, paragraphs 1 and 18, and the Financial Services Act 2012, Schedule 9, paragraphs 1 and 14.] (except for the purposes of sections 210 (statements of policy), 387 (warning notices), 392
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