 | |
| |
Licences |
| Licences: general. |
11. - (1) The Commission may, on an application by a person under section 12, grant a licence to that person authorising him to do anything which-
|
| |
(a) would otherwise contravene section 6(1), and |
| |
(b) is specified in the licence or determined by or under it. |
| |
(2) A licence shall not be valid unless it is in writing.
|
| |
(3) A licence shall not be transferred.
|
| |
(4) A licence shall, unless it previously ceases to have effect in accordance with its provisions, continue in force for the period specified in it or determined by or under it.
|
| Licences: grant. |
12. - (1) An application for a licence shall be made in writing to the Commission in accordance with such requirements as the Commission may specify.
|
| |
(2) The Commission may, in particular, require the application to be accompanied by such reasonable application fee as it may determine.
|
| |
(3) Before granting a licence the Commission shall-
|
| |
(a) publish a notice in such manner as the Commission considers appropriate for bringing it to the attention of persons likely to be affected by the grant, |
| |
(b) serve a copy of the notice on the Council, and |
| |
(c) consider any representations made in accordance with the notice and not withdrawn. |
| |
(4) The notice shall-
|
| |
(a) state that the Commission proposes to grant the licence and the reasons for so proposing, and |
| |
(b) state the period (not less than 28 days starting with the date of publication of the notice) within which representations may be made regarding the proposed licence. |
| |
(5) As soon as practicable after granting a licence the Commission shall send a copy of it to the Secretary of State and the Council.
|
| Licences: conditions and other provisions. |
13. - (1) A licence may include such provisions as the Commission considers appropriate; and a provision need not relate to anything authorised by the licence.
|
| |
(2) The provisions of a licence may, in particular, require a payment to the Commission on the grant of the licence, or payments while the licence is in force, or both, of such amount or amounts as may be specified in the licence or determined by or under it.
|
| |
(3) Such provisions of a licence as the Commission considers appropriate may be expressed as conditions.
|
| |
(4) The Commission shall consult any person who is to be granted a licence about any conditions that the Commission proposes to include in the licence (other than any condition which the Commission is required to include in the licence by virtue of this Act).
|
| |
(5) References in this Act to a condition of a licence are to a provision of a licence which is expressed as a condition.
|
| |
(6) Subject to subsection (7) no action shall lie in respect of a contravention by a licence holder of a condition of his licence.
|
| |
(7) Subsection (6) does not affect-
|
| |
(a) a right of action in respect of an act or omission which takes place in the course of doing anything authorised or required by the licence, |
| |
(b) the power to make an order under section 14 or 15, confirm an order made under section 15 or impose a penalty under section 21, |
| |
(c) the duty to comply with any such order or pay any such penalty and a power to bring proceedings in respect of such a duty. |
| |
Enforcement orders |
| Final orders. |
14. - (1) If the Commission is satisfied that a licence holder-
|
| |
(a) is contravening any condition of his licence, or |
| |
(b) is likely to contravene any such condition, |
| |
the Commission shall by order make such provision as is needed for the purpose of securing compliance with the condition.
|
| |
(2) An order under subsection (1)-
|
| |
(a) shall require the licence holder to do, or not to do, such things as are specified in the order or are of a description so specified, |
| |
(b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order, and |
| |
(c) may be revoked at any time by the Commission. |
| |
(3) An order under subsection (1) shall have effect until such time (if any) as the Commission revokes it.
|
| |
(4) This section is subject to section 17.
|
| |
(5) In this Act "final order" means an order under this section.
|
| Provisional orders. |
15. - (1) If-
|
| |
(a) the Commission is not satisfied that a licence holder is contravening any condition of his licence or is likely to contravene any such condition, but |
| |
(b) the requirements in subsection (2) are met, |
| |
the Commission shall by order make such provision as it considers is needed for the purpose of securing compliance with the licence condition.
|
| |
(2) The requirements are that it appears to the Commission-
|
| |
(a) that the licence holder is contravening any condition of his licence or is likely to contravene any such condition, and |
| |
(b) that an order under subsection (1) is needed. |
| |
(3) In deciding whether an order under subsection (1) is needed the Commission shall have regard, in particular, to the extent to which any person is likely to sustain loss or damage as a result of anything likely to be done or omitted in contravention of the licence condition before a final order may be made.
|
| |
(4) An order under subsection (1)-
|
| |
(a) shall require the licence holder to do, or not to do, such things as are specified in the order or are of a description so specified, |
| |
(b) shall take effect at such time, being the earliest practicable time, as is determined by or under the order, and |
| |
(c) may be revoked at any time by the Commission. |
| |
(5) An order under subsection (1) shall, subject to any earlier revocation by the Commission, have effect for such period not exceeding three months as is determined by or under the order and which starts when the order takes effect.
|
| |
(6) An order under subsection (1) shall not be made in any case where a previous such order has been made in respect of the same contravention or apprehended contravention by the licence holder.
|
| |
(7) This section is subject to section 17.
|
| |
(8) In this Act "provisional order" means an order under this section.
|
| Confirmation of provisional orders. |
16. - (1) The Commission shall confirm a provisional order (with or without modifications) if-
|
| |
(a) it is satisfied that the licence holder is contravening any condition of his licence or is likely to contravene any such condition, and |
| |
(b) it considers that confirmation of the order (with any modifications) is needed for the purposes of securing compliance with the condition. |
| |
(2) Where the Commission confirms a provisional order under subsection (1), the order continues to have effect until such time (if any) as the Commission revokes it.
|
| |
(3) This section is subject to section 17.
|
