(1) Subject to subsection (2), a direction must be published by the regulator concerned in the way appearing to the regulator to be best calculated for bringing it to the attention of -
(a) persons likely to be affected by it, and
(b) persons who are, in the opinion of the regulator, likely to make an application for a similar direction.
(2) Subsection (1) does not apply if the regulator is satisfied that it is inappropriate or unnecessary to publish the direction.
(3) In deciding whether it is satisfied as mentioned in subsection (2), the regulator must -
(a) consider whether the publication of the direction would be detrimental to the stability of the UK financial system,
(b) take into account whether the direction relates to a rule contravention of which is actionable in accordance with section 138D,
(c) consider whether publication of the direction would prejudice, to an unreasonable degree, the commercial interests of the person concerned or any other member of the person'
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