Part III Licensing of Credit and Hire Businesses
F1Further powers of OFT to regulate conduct of licensees etc.
33APower of OFT to impose requirements on licensees
1
This section applies where the OFT is dissatisfied with any matter in connection with—
a
a business being carried on, or which has been carried on, by a licensee or by an associate or a former associate of a licensee;
b
a proposal to carry on a business which has been made by a licensee or by an associate or a former associate of a licensee; or
c
any conduct not covered by paragraph (a) or (b) of a licensee or of an associate or a former associate of a licensee.
2
The OFT may by notice to the licensee require him to do or not to do (or to cease doing) anything specified in the notice for purposes connected with—
a
addressing the matter with which the OFT is dissatisfied; or
b
securing that matters of the same or a similar kind do not arise.
3
A requirement imposed under this section on a licensee shall only relate to a business which the licensee is carrying on, or is proposing to carry on, under the licence under which he is a licensee.
4
Such a requirement may be framed by reference to a named person other than the licensee.
5
For the purposes of subsection (1) it is immaterial whether the matter with which the OFT is dissatisfied arose before or after the licensee became a licensee.
6
If—
a
a person makes an application for a standard licence, and
b
while dealing with that application the OFT forms the opinion that, if such a licence were to be issued to that person, it would be minded to impose on him a requirement under this section,
the OFT may, before issuing such a licence to that person, do (in whole or in part) anything that it must do under section 33D or 34(1) or (2) in relation to the imposing of the requirement.
7
In this section ‘associate’, in addition to the persons specified in section 184, includes a business associate.
S. 33A and preceding cross-heading inserted (6.4.2008) by Consumer Credit Act 2006 (c. 14), ss. {38}, 71(2) (with Sch. 3 para. 20); S.I. 2007/3300, art. 3(2), Sch. 2