|
| |
|
OFT) after paragraph (b) insert— |
| |
“(ba) | requirements imposed under section 33A or 33B which are in |
| |
effect or which have been in effect, with details of any variation |
| |
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(3) | In the Table in section 41 of that Act (appeals) after the entry relating to “refusal |
| 5 |
to end suspension of licence in accordance with terms of application” insert the |
| |
| |
| | A person who falls within |
| | | | | | | | | | relation to the requirement |
| | 10 | | | | | | | | required to give a notice to |
| | | | | | | | | | determination by virtue of |
| | | | | | | 15 | | | | | | | | | | | | | | | | | | | | | | | | | 20 | | | | | | | | | | |
|
Powers and duties in relation to information |
| |
44 | Provision of information etc. by applicants |
| |
(1) | In subsection (2) of section 6 of the 1974 Act (which contains provision relating |
| 25 |
| |
(a) | for “particulars” substitute “information and documents”; |
| |
(b) | for “by” in the second place where it occurs substitute “or describe in a”. |
| |
(2) | For subsection (3) of that section substitute— |
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“(3) | Where the OFT receives an application, it may by notice to the applicant |
| 30 |
at any time before the determination of the application require him to |
| |
provide such further information or documents relevant to the |
| |
application as may be specified or described in the notice.” |
| |
(3) | After subsection (4) of that section insert— |
| |
“(5) | Subsection (6) applies where a general notice is published under |
| 35 |
| |
(a) | after an application has been made; but |
| |
(b) | before its determination. |
| |
(6) | The applicant shall, within such period as may be specified in the |
| |
general notice, provide the OFT with any information or document— |
| 40 |
(a) | which he has not previously provided in relation to the |
| |
application by virtue of this section; |
| |
|
| |
|
| |
|
(b) | which he would have been required to provide with his |
| |
application had it been made after the general notice was |
| |
| |
(c) | which the general notice requires to be provided for the |
| |
purposes of this subsection. |
| 5 |
(7) | An applicant shall notify the OFT, giving details, if before his |
| |
application is determined— |
| |
(a) | any information or document provided by him in relation to the |
| |
application by virtue of this section is, to any extent, superseded |
| |
or otherwise affected by a change in circumstances; or |
| 10 |
(b) | he becomes aware of an error in or omission from any such |
| |
| |
(8) | A notification for the purposes of subsection (7) shall be given within |
| |
the period of 28 days beginning with the day on which (as the case may |
| |
| 15 |
(a) | the information or document is superseded; |
| |
(b) | the change in circumstances occurs; or |
| |
(c) | the applicant becomes aware of the error or omission. |
| |
(9) | Subsection (7) does not require an applicant to notify the OFT about— |
| |
(a) | anything of which he is required to notify it under section 36; or |
| 20 |
(b) | an error in or omission from any information or document |
| |
which is a clerical error or omission not affecting the substance |
| |
of the information or document.” |
| |
45 | Duties to notify changes in information etc. |
| |
After section 36 of the 1974 Act insert— |
| 25 |
“36A | Further duties to notify changes etc. |
| |
(1) | Subsections (2) to (4) apply where a general notice is published under |
| |
| |
(2) | A person who is the holder of a standard licence or who is the original |
| |
applicant for a group licence shall, in relation to each relevant |
| 30 |
application which he has made and which has been determined before |
| |
the publication of the general notice, provide the OFT with any |
| |
| |
(a) | which he would have been required to provide with the |
| |
application had the application been made after the general |
| 35 |
notice was published; and |
| |
(b) | which the general notice requires to be provided for the |
| |
purposes of this subsection. |
| |
(3) | Any such information or document shall be provided within such |
| |
period as may be specified in the general notice. |
| 40 |
(4) | Subsection (2) does not require a person to provide any information or |
| |
| |
(a) | which he provided in relation to the application by virtue of |
| |
| |
(b) | which he has previously provided in relation to the application |
| 45 |
by virtue of this section; or |
| |
|
| |
|
| |
|
(c) | which he would have been required to provide in relation to the |
| |
application by virtue of subsection (5) but for subsection (6). |
| |
(5) | A person who is the holder of a standard licence or who is the original |
| |
applicant for a group licence shall, in relation to each relevant |
| |
application which he has made, notify the OFT giving details if, after |
| 5 |
the application is determined, any information or document which |
| |
| |
(a) | provided in relation to the application by virtue of section 6, or |
| |
(b) | has so provided by virtue of this section, |
| |
| is, to any extent, superseded or otherwise affected by a change in |
| 10 |
| |
(6) | Subsection (5) does not require a person to notify the OFT about a |
| |
matter unless it falls within a description of matters specified by the |
| |
| |
(7) | A description may be specified for the purposes of subsection (6) only |
| 15 |
if the OFT is satisfied that the matters which would fall within that |
| |
description are matters which would be relevant to the question of— |
| |
(a) | whether, having regard to section 25(2), a person is a fit person |
| |
to carry on a business under a standard licence; or |
| |
(b) | whether the public interest is better served by a group licence |
| 20 |
remaining in effect than by obliging the licensees under it to |
| |
apply separately for standard licences. |
| |
(8) | A person who is the holder of a standard licence or who is the original |
| |
applicant for a group licence shall, in relation to each relevant |
| |
application which he has made, notify the OFT about every error or |
| 25 |
| |
(a) | in or from any information or document which he provided by |
| |
virtue of section 6, or which he has provided by virtue of this |
| |
section, in relation to the application; and |
| |
(b) | of which he becomes aware after the determination of the |
| 30 |
| |
(9) | A notification for the purposes of subsection (5) or (8) shall be given |
| |
within the period of 28 days beginning with the day on which (as the |
| |
| |
(a) | the information or document is superseded; |
| 35 |
(b) | the change in circumstances occurs; or |
| |
(c) | the holder of the standard licence or the original applicant |
| |
becomes aware of the error or omission. |
| |
(10) | This section does not require a person to notify the OFT about— |
| |
(a) | anything of which he is required to notify it under section 36; or |
| 40 |
(b) | an error in or omission from any information or document |
| |
which is a clerical error or omission not affecting the substance |
| |
of the information or document. |
| |
(11) | In this section ‘relevant application’ means, in relation to a person who |
| |
is the holder of a standard licence or who is the original applicant for a |
| 45 |
| |
(a) | the original application for the licence; or |
| |
(b) | an application for its renewal or for its variation.” |
| |
|
| |
|
| |
|
46 | Power of OFT to require information generally |
| |
After section 36A of the 1974 Act (inserted by section 45 of this Act) insert— |
| |
“36B | Power of OFT to require information generally |
| |
(1) | The OFT may by notice to a person require him— |
| |
(a) | to provide such information as may be specified or described in |
| 5 |
| |
(b) | to produce such documents as may be so specified or described. |
| |
(2) | The notice shall set out the reasons why the OFT requires the |
| |
information or documents to be provided or produced. |
| |
(3) | The information or documents shall be provided or produced— |
| 10 |
(a) | before the end of such reasonable period as may be specified in |
| |
| |
(b) | at such place as may be so specified. |
| |
(4) | A requirement may be imposed under subsection (1) on a person who |
| |
| 15 |
(a) | the holder of a standard licence, or |
| |
(b) | the original applicant for a group licence, |
| |
| only if the provision or production of the information or documents in |
| |
question is reasonably required for purposes connected with the OFT’s |
| |
functions under this Act. |
| 20 |
(5) | A requirement may be imposed under subsection (1) on any other |
| |
| |
(a) | an act or omission mentioned in subsection (6) has occurred or |
| |
the OFT has reason to suspect that such an act or omission has |
| |
| 25 |
(b) | the provision or production of the information or documents in |
| |
question is reasonably required for purposes connected with— |
| |
(i) | the taking by the OFT of steps under this Part as a |
| |
| |
(ii) | its consideration of whether to take such steps as a |
| 30 |
| |
(6) | Those acts or omissions are acts or omissions which— |
| |
(a) | cast doubt on whether, having regard to section 25(2), a person |
| |
is a fit person to carry on a business under a standard licence; |
| |
(b) | cast doubt on whether the public interest is better served by a |
| 35 |
group licence remaining in effect, or being issued, than by |
| |
obliging the persons who are licensees under it, or who would |
| |
be licensees under it, to apply separately for standard licences; |
| |
(c) | give rise, or are likely to give rise, to dissatisfaction for the |
| |
purposes of section 33A(1) or 33B(1); or |
| 40 |
(d) | constitute or give rise to a failure of the kind mentioned in |
| |
| |
|
| |
|