139ZS.— (1) The Commission shall decide, in respect of a F253[person] who is the subject of a report under section 139ZM—

(a) whether or not it is satisfied on the balance of probabilities that the F253[person] has committed the contravention to which the investigation relates, and

(b) if so, whether or not to impose an administrative financial sanction.

(2) A decision under subsection (1) that a contravention has been committed, or that an administrative financial sanction shall be imposed, does not take effect unless it is confirmed on appeal under section 139ZX or on summary application under section 139ZY. 

(3)  For the purposes of making a decision under subsection (1), the Commission shall consider—

F253[(a) the final report provided under subsection (7) of section 139ZM and any submissions or views provided with the report in accordance with that subsection,]

(b) any evidence adduced or submissions made during an oral hearing conducted under section 139ZR,

(c) any information provided as a result of a request under section 139ZR(4), and

(d) any submissions made pursuant to a notice under subsection (1) or (6) of section 139ZR.

(4)  In deciding under subsection (1)(b) whether or not to impose an administrative financial sanction on a F253[person], the Commission shall have regard to the matters referred to in paragraphs (a), (b), (c), (d) (e), (g), (h), (i), (j) and (k) of section 139ZW(3).]