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(1)In section 25 of the 1974 Act (licensee to be a fit person) for subsection (1) substitute—
“(1)If an applicant for a standard licence—
(a)makes an application within section 24A(1)(a) in relation to a type of business, and
(b)satisfies the OFT that he is a fit person to carry on that type of business with no limitation,
he shall be entitled to be issued with a standard licence covering the carrying on of that type of business with no limitation.
(1AA)If such an applicant—
(a)makes an application within subsection (1)(b) of section 24A in relation to a type of business, and
(b)satisfies the OFT that he is a fit person to carry on that type of business so far as it falls within the description or descriptions of business set out in his application in accordance with subsection (2) of that section,
he shall be entitled to be issued with a standard licence covering the carrying on of that type of business so far as it falls within the description or descriptions in question.
(1AB)If such an applicant makes an application within section 24A(1)(a) or (b) in relation to a type of business but fails to satisfy the OFT as mentioned in subsection (1) or (1AA) (as the case may be), he shall nevertheless be entitled to be issued with a standard licence covering the carrying on of that type of business so far as it falls within one or more descriptions of business if—
(a)he satisfies the OFT that he is a fit person to carry on that type of business so far as it falls within the description or descriptions in question;
(b)he could have applied for the licence to be limited in that way; and
(c)the licence would not cover any activity which was not covered by his application.
(1AC)In this section ‘description of business’ means, in relation to a type of business, a description of business specified in a general notice under section 24A(5)(a).
(1AD)An applicant shall not, by virtue of this section, be issued with a licence unless he satisfies the OFT that the name or names under which he would be licensed is or are not misleading or otherwise undesirable.”
(2)For subsection (2) of that section substitute—
“(2)In determining whether an applicant for a licence is a fit person for the purposes of this section the OFT shall have regard to any matters appearing to it to be relevant including (amongst other things)—
(a)the applicant's skills, knowledge and experience in relation to consumer credit businesses, consumer hire businesses or ancillary credit businesses;
(b)such skills, knowledge and experience of other persons who the applicant proposes will participate in any business that would be carried on by him under the licence;
(c)practices and procedures that the applicant proposes to implement in connection with any such business;
(d)evidence of the kind mentioned in subsection (2A).
(2A)That evidence is evidence tending to show that the applicant, or any of the applicant's employees, agents or associates (whether past or present) or, where the applicant is a body corporate, any person appearing to the OFT to be a controller of the body corporate or an associate of any such person, has—
(a)committed any offence involving fraud or other dishonesty or violence;
(b)contravened any provision made by or under—
(ii)Part 16 of the Financial Services and Markets Act 2000 so far as it relates to the consumer credit jurisdiction under that Part;
(iii)any other enactment regulating the provision of credit to individuals or other transactions with individuals;
(c)contravened any provision in force in an EEA State which corresponds to a provision of the kind mentioned in paragraph (b);
(d)practised discrimination on grounds of sex, colour, race or ethnic or national origins in, or in connection with, the carrying on of any business; or
(e)engaged in business practices appearing to the OFT to be deceitful or oppressive or otherwise unfair or improper (whether unlawful or not).
(2B)For the purposes of subsection (2A)(e), the business practices which the OFT may consider to be deceitful or oppressive or otherwise unfair or improper include practices in the carrying on of a consumer credit business that appear to the OFT to involve irresponsible lending.”
(3)In subsection (3) of that section for “(2)” substitute “ (2A) ”.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
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