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Procedure |
| Applications under this Part. |
46. - (1) An application for a Part IV permission must-
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(a) contain a statement of the regulated activity or regulated activities which the applicant proposes to carry on and for which he wishes to have permission; and |
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(b) give the address of a place in the United Kingdom for service on the applicant of any notice or other document which is required or authorised to be served on him under this Act. |
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(2) An application for the variation of a Part IV permission must contain a statement-
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(a) of the desired variation; and |
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(b) of the regulated activity or regulated activities which the applicant proposes to carry on if his permission is varied. |
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(3) Any application under this Part must-
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(a) be made in such manner as the Authority may direct; and |
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(b) contain, or be accompanied by, such other information as the Authority may require. |
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(4) At any time after receiving an application and before determining it, the Authority may require the applicant to provide it with further information.
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(5) Different directions may be given, and different requirements imposed, in relation to different applications or categories of application.
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(6) The Authority may require an applicant to provide information which he is required to provide under this section in such form, or to verify it in such a way, as the Authority may direct.
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| Determination of applications. |
47. - (1) An application under this Part must be determined by the Authority before the end of the period of six months beginning with the date on which it received the completed application.
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(2) The Authority may determine an incomplete application if it considers it appropriate to do so; and it must in any event determine such an application within twelve months beginning with the date on which it received the application.
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(3) The applicant may withdraw his application, by giving the Authority written notice, at any time before the Authority determines it.
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(4) When the Authority determines an application it must give the applicant written notice-
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(a) of its determination; and |
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(b) if the application is granted, of the date on which the determination takes effect. |
| 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 311 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 350(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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