(1) If the relevant administrative authority is satisfied that a compensation scheme member has failed to repay a deposit ["deposit" is defined in point (3) of Article 2(1) of the deposit guarantee schemes directive.] which is due and payable, the relevant administrative authority must determine whether in its view the compensation scheme member appears unable for the time being, for reasons which are directly related to its financial circumstances, to repay the deposit and the compensation scheme member has no current prospect of being able to do so.

(2) The determination must be notified in writing to -

(a) the compensation scheme member; and

(b)

(i) the scheme manager, or

(ii) if the scheme manager is the relevant administrative authority, the PRA,

as soon as reasonably practicable and in any event before the end of the period of five working days beginning with the day on which the relevant administrative authority becomes satisfied that the compensation scheme member has failed to repay a deposit which is due and payable.