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29. (1) The Secretary of State shall delegate to ECCTIS Limited(1) the function of issuing a certificate, to be called a “Certificate of Experience”.
(2) A Certificate of Experience shall be issued to a person from a relevant European State who makes an application to ECCTIS Limited for the issue of such a certificate in respect of a relevant activity and satisfies ECCTIS Limited as to his relevant experience and qualifications gained in the United Kingdom as set out in Schedule 4.
(3) For the purpose of this regulation, a relevant activity is an activity which falls within the lists of activities set out in Annex IV of the Directive.
30. (1) Where the Secretary of State is satisfied that—
(a)a certificate was issued in reliance upon a false or fraudulent representation or declaration, either orally or in writing, or
(b)information in reliance upon which a certificate has been issued is not correct or is not correct in a material particular and that the experience or qualifications to which the certificate attests have not been attained,
he may revoke the certificate by notice in writing sent to the person named in the certificate, subject to paragraphs (2) and (3).
(2) Before revoking the certificate the Secretary of State shall use reasonable endeavours to serve on the person named in the certificate a notice—
(a)specifying that the Secretary of State is minded to revoke the certificate;
(b)specifying the false or fraudulent representations or declarations or the incorrect information upon which a certificate has been issued;
(c)specifying the effect of the matters set out in sub-paragraph (b) on the truth of the certificate; and
(d)inviting that person within a reasonable period of not less than 28 days to submit representations in writing as to—
(i)the relevance of the false or fraudulent representations or declarations in relation to the certificate or the matters to which it attests; and
(ii)any other reason and why the Secretary of State should not revoke the certificate.
(3) The Secretary of State shall consider any representation submitted within the period specified in the notice.
ECCTIS Limited is a private limited company registered in England and Wales with company number 2405026.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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