Summary
This article explains the most common misunderstandings providers have about Notices of Proposal (NOPs) and Notices of Decision (NODs), and how to avoid confusion during the enforcement process.
It’s not unusual for a provider to ring me in a panic and say, “The regulator’s cancelling me — what do I do?”
Often, the first thing I have to ask is: “Have you received a Notice of Proposal or a Notice of Decision?” Because the difference matters — a lot.
Mistaking a NOP for a Final Decision
The most common misunderstanding is thinking a Notice of Proposal means the decision has already been made. It hasn’t.
A NOP is the start of the enforcement process. It means the regulator is proposing action — but you still have 28 days to respond. Many providers lose valuable time because they assume it’s too late.
This is your opportunity to make your case and stop things from progressing further. You’re not out of time — but the clock is ticking.
Not Knowing What Document You’ve Received
Sometimes providers genuinely don’t know whether they’ve received a NOP or a NOD. The language can be formal and confusing, especially under pressure.
It’s essential to check the letter carefully. If in doubt, seek advice immediately. Knowing which stage you’re at is key to making the right decisions.
Thinking You Can’t Do Anything Until the NOD Arrives
Some providers assume they need to wait for a Notice of Decision before they can act. That’s a mistake.
The NOP stage is where you have the most power to influence the outcome. That’s when the regulator is still open to changing their position — but only if you respond well.
Waiting until the NOD arrives often means you’ve missed your best opportunity.
Assuming You Can’t Recover From a NOD
A Notice of Decision is serious — but it’s not the end of the road. You still have 28 days to appeal.
It’s also possible to use that time to make further improvements, prepare new evidence, and show why the enforcement is no longer necessary.
Even if representations made in response to a Notice of Proposal aren’t successful and you receive a Notice of Decision, the process can open doors to resolution or reinspection. But that only happens if you act.
Believing It’s Just About Paperwork
Another common misconception is that responding to enforcement is just a box-ticking exercise. It’s not.
The regulator is looking for genuine reflection, real changes, and solid evidence. Generic responses or vague reassurances won’t hold up.
This process is about proving — not just promising — that the risks have been dealt with.
Understanding what the notices mean — and what they don’t — can stop a difficult situation from getting worse. If you’re not sure what stage you’re at, don’t guess.
Check. Ask. And act.
About the Author
Associate
Tel: 01483 451 900
Email: Lucy@gordonsols.co.uk