SCHEDULES

SCHEDULE 13Ownership of licensed bodies

Part 3Approval of restricted interests after licence is issued

Powers of licensing authority where no change of interests

Objection to existing restricted interest

I136

I41

The relevant licensing authority may object to a person's holding of a restricted interest in a licensed body (or a restricted interest of a particular kind) if—

a

it is not satisfied that the approval requirements are met in relation to the person's holding of that interest, or

b

it is satisfied that a condition imposed under paragraph 17, 28 or 33 on the person's holding of the interest has not been, or is not being, complied with.

I32

The licensing authority may act under sub-paragraph (1) only before the end of such period (beginning with the time when the licensing authority becomes aware of the matters in question) as may be prescribed.

I43

If the licensing authority proposes to object to a person's holding of the restricted interest, it must give the person and the licensed body a warning notice.

I44

But the licensing authority may object to the person's holding of the restricted interest without giving a warning notice if it considers it necessary or desirable to do so for the purpose of protecting any of the regulatory objectives.

5

The warning notice must—

I4a

specify the reasons for the proposed objection, and

I3b

state that representations may be made to the licensing authority within the prescribed period.

I36

The licensing authority must consider any representations made within the prescribed period.

I47

If the licensing authority objects to the person's holding of the restricted interest, it must notify the person and the licensed body of its objection as soon as reasonably practicable.

I48

The notice must—

a

specify the reasons for the objection, and

b

explain the effect of Part 5 of this Schedule.

Annotations:
Commencement Information
I1

Sch. 13 para. 36 partly in force; Sch. 13 para. 36 not in force at Royal Assent see s. 211; Sch. 13 para. 36(2)(5)(b)(6) in force for certain purposes at 1.1.2009 by S.I. 2008/3149, art. 2(d)(iv)

I4

Sch. 13 para. 36(1)(3)(4)(5)(a)(7)(8) in force at 1.10.2011 by S.I. 2011/2196, art. 2(1)(d)

I3

Sch. 13 para. 36(2)(5)(b)(6) in force at 1.10.2011 in so far as not already in force by S.I. 2011/2196, art. 2(1)(d)

I2C1C3C2C4C537

I51

The person and the licensed body may before the end of the prescribed period appeal to the relevant appellate body against the objection.

I62

The relevant appellate body may dismiss or allow the appeal.

I63

If the relevant appellate body allows the appeal it may also—

a

order the licensing authority to impose under paragraph 33 such conditions on the person's holding of the restricted interest as may be specified in the order, or

b

remit the matter to the licensing authority.

I54

A party to the appeal may before the end of the prescribed period appeal to the High Court on a point of law arising from the decision of the relevant appellant body, but only with the permission of the High Court.

I65

The High Court may make such order as it thinks fit.

I66

If the person's holding of the restricted interest is subject to conditions as a result of an order made on an appeal under this paragraph, for the purposes of this Schedule the conditions are to be treated as having been imposed under paragraph 33.