46(1)If a person holds a restricted interest in a licensed body in breach of conditions imposed under paragraph 17, 28 or 33, the licensing authority may make an application to the High Court for an order under this paragraph.E+W
(2)The licensing authority may not make such an application unless—
(a)it has notified the person that it intends to do so if the conditions are not complied with before the end of the relevant period, and
(b)the relevant period has expired.
(3)The relevant period is such period (not less than the prescribed period) as may be specified in the notice.
(4)The High Court may, on the application of the licensing authority, make such order as the court thinks fit to secure compliance with the conditions to which the person's holding of the restricted interest is subject.
(5)No order may be made under this paragraph—
(a)until the end of the period within which an appeal may be made against the imposition of the conditions, or
(b)if an appeal is made, until the appeal has been determined or withdrawn.
Commencement Information
I1Sch. 13 para. 46 partly in force; Sch. 13 para. 46 not in force at Royal Assent see s. 211; Sch. 13 para. 46(3) in force for certain purposes at 1.1.2009 by S.I. 2008/3149, art. 2(d)(iv)
I2Sch. 13 para. 46(1)(2)(4)(5) in force at 1.10.2011 by S.I. 2011/2196, art. 2(1)(d)
I3Sch. 13 para. 46(3) in force at 1.10.2011 in so far as not already in force by S.I. 2011/2196, art. 2(1)(d)