EN-4.1 EN-4.1 Procedure
EN-4.1.1
As part of its on-going supervision, the Agency may specifically request information or temporary reporting from a licensee or individual. Recipients of such requests are bound to respond to such requests under the terms of their license. Such requests are in effect a type of Direction.
EN-4.1.2
Henceforward, to clearly identify such requests, they will always be made in writing, under signature of a Director or more senior official of the Agency; will include the statement "This is a formal request for information as defined in Chapter EN-4 of the BMA Rulebook"; and will state the deadline by which the information is to be communicated to the Agency.
EN-4.1.3
Failure to respond to such formal requests within the deadline set will be viewed as a significant breach of regulatory requirements and will incur a Formal Warning or other enforcement measure, as decided by the Agency depending on the circumstances of the case.
EN-4.1.4
The deadline set in the request will vary depending on individual circumstances, but will in all cases be reasonable. A recipient may submit a case for an extension to the deadline, providing the request is made before the original deadline has passed. The Agency will respond before the original deadline has passed; if it fails to do so, then the requested extension will apply. Whilst waiting for a reply, the recipient must assume that the original deadline will apply.
EN-4.1.5
The above procedures do not prevent individual Agency supervisors making oral requests for information as part of their day-to-day interaction with licensees. The Agency expects licensees to maintain their cooperative response to such requests; however, in the interests of clarity, the Agency will not view failures to respond to oral requests as a breach of regulatory requirements.
