Revocation of certificates by the DirectorN.I.
26.—(1) Subject to paragraph (2), the Director may revoke a certificate—
(a)if satisfied that an assisted party has (either in making an application for a certificate or following the granting of a certificate) wilfully failed to comply with these Regulations by not furnishing any material information concerning anything other than their financial resources to the Department;
(b)if satisfied that the assisted party has made an untrue statement in furnishing such information as referred to in sub-paragraph (a);
(c)if satisfied that an assisted party has (either in making an application for a certificate or following the granting of a certificate) made an untrue statement as to their financial resources or has failed to disclose any material fact concerning them; or
(d)if satisfied that the assisted party failed to attend for an interview or to provide information when so required under regulations 35(4), 41(4) or 49(3), as applicable.
(2) A certificate may not be revoked under paragraph (1) until notice has been served on the assisted party and the supplier that the certificate may be revoked and the assisted party has been given a reasonable opportunity to make written representations as to why the certificate should not be revoked.
(3) A certificate may not be revoked under paragraph (1) (a) to (c) if the assisted party or the supplier satisfies the Director that the assisted party used due care and diligence to avoid such misstatement or failure.
[F1(4) If a certificate is revoked under this regulation, the Director shall notify the supplier and the assisted party in writing and shall include the reasons for such revocation.
(5) It shall be the duty of the supplier to notify, as soon as practicable, instructed counsel in proceedings to which the certificate relates, that the certificate has been revoked.]
Textual Amendments