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Banking Act 1979

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This is the original version (as it was originally enacted).

5Recognition and licences: procedure on applications

(1)An application for recognition or for a full licence—

(a)shall be made in such manner as the Bank may specify,

either generally or in any particular case; and

(b)shall be accompanied by such information as the Bank may reasonably require, either generally or in any particular case, in order to reach a decision on the application.

(2)If required to do so by notice in writing from the Bank given at any time after an application falling within subsection (1) above has been made and before a decision has been reached on the application, the applicant shall furnish to the Bank such additional information as the Bank may reasonably require in order to reach a decision.

(3)Any person who knowingly or recklessly furnishes any information which is false or misleading in a material particular in connection with an application falling within subsection (1) above shall be liable—

(a)on summary conviction to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or both.

(4)If, on an application falling within subsection (1) above, the Bank proposes to refuse to grant recognition or, in the case of an application for a licence, to refuse to grant the licence applied for, the Bank—

(a)shall give notice in writing to the applicant of the action it proposes to take with respect to the application and of the reasons for that proposed action; and

(b)in the notice under paragraph (a) above shall also inform the applicant of the right to make representations in writing with respect to the proposed action of the Bank within such period of not less than twenty-eight days as may be specified in the notice; and

(c)before reaching a decision on the application shall take account of any representations made as mentioned in paragraph (b) above.

(5)If, on an application falling within subsection (1) above, the Bank refuses to grant recognition or, as the case may be, the licence applied for, then, subject to subsection (6) below, the Bank shall give notice in writing to the applicant of its decision and the reasons for it before the expiry of the period of six months beginning with the date on which the application was received by the Bank.

(6)In any case where, under subsection (2) above, the Bank requires additional information with respect to an application, the latest time for the giving of a notice under subsection (5) above with respect to mat application shall be the expiry of whichever of the following periods first expires, namely.—

(a)the period of six months beginning on the date on which the additional information is furnished to the Bank; and

(b)the period of twelve months beginning on the date on which the application was received by the Bank.

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