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| When permission is given. |
48. - (1) This section applies if the Authority gives a Part IV permission.
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(2) The Authority must-
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(a) issue the applicant with a certificate ("a certificate of authorisation") which certifies that he is an authorised person as a result of the permission; and |
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(b) make an entry in the record of authorised persons kept in accordance with section 304 to reflect the effect of the permission. |
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(3) If the Authority was required to give notice to a third party under section 339(2) in relation to the application, it must give the third party a copy of the notice of determination given under section 47(4) unless it considers it impracticable to do so.
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(4) The Treasury may by regulations make further provision with respect to certificates of authorisation and their amendment.
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(5) A certificate of authorisation is evidence for any purpose connected with this Act of a person's Part IV permission and its terms.
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| Refusal of application for permission. |
49. - (1) If the Authority proposes to refuse an application under this Part it must (unless subsection (3) applies) give the applicant a warning notice.
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(2) If the Authority refuses the application it must give the applicant a decision notice.
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(3) This subsection applies if it appears to the Authority that-
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(a) the applicant qualifies for authorisation under Schedule 3; and |
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(b) the application is made with a view to carrying on a regulated activity for which the applicant is entitled to permission as a result of that Schedule. |
| Procedure on exercise of the Authority's own-initiative power. |
50. - (1) This section applies if the Authority proposes to exercise its own-initiative power in relation to an authorised person and section 51 does not apply.
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(2) The Authority must give the authorised person written notice of its intention to exercise the power.
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(3) The notice must-
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(a) given details of the action which the Authority proposes to take; |
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(b) state its reasons for proposing to take that action; and |
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(c) inform the authorised person that representations may be made to the Authority about its proposal before the end of the period specified in the notice. |
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(4) If, after considering any representations made to it before the end of the specified period, the Authority decides to take the proposed action, it must give the authorised person written notice-
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(a) specifying the date on which it will take effect; |
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(b) giving its reasons for taking the action; and |
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(c) informing him of his right to refer the matter to the Tribunal. |
| Exercise of own-initiative power with immediate effect. |
51. - (1) The Authority may exercise its own-initiative power without first complying with the requirements of section 50 if it appears to it-
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(a) that there is a threat to persons using, or likely to use, a service provided by the authorised person in carrying on a regulated activity; and |
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(b) that it is desirable, in the interests of those persons, for it to exercise its power without delay. |
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(2) If the Authority proceeds under this section it must give written notice to the authorised person concerned-
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(a) specifying the date on which the action which it is taking will take effect; |
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(b) giving its reasons for taking that action; and |
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(c) stating that the authorised person may make representations to the Authority before the end of the period specified in the notice. |
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(3) The action taken by the Authority may not have effect before the date specified in the notice under subsection (2)(a).
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(4) The Authority must-
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(a) in the light of any representations made to it before the end of the specified period, consider whether to take any further action in the matter; and |
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(b) give the authorised person written notice of the decision which it takes under paragraph (a). |
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(5) Notice under subsection (4)(b) must inform the authorised person of his right to refer the matter to the Tribunal.
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References to the Tribunal |
| Right to refer matters to the Tribunal. |
52. - (1) If the Authority refuses an application made under this Part, the applicant may refer the matter to the Tribunal.
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(2) An authorised person who is aggrieved by the exercise of the Authority's own-initiative power may refer the matter to the Tribunal.
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