Part 3Operating licences

Operating licences

17Grant of provisional operating licence

(1)

This section applies where a club applies for a provisional operating licence under section 16.

(2)

The IFR must grant the club a provisional operating licence if it is satisfied that the club would—

(a)

operate a relevant team,

(b)

comply with the mandatory licence conditions (see section 20), and

(c)

comply with sections 45 to 53 (duties on clubs).

(3)

The IFR—

(a)

must specify in the provisional operating licence the period for which it has effect, which may be no more than three years;

(b)

must notify the club of the grant of the licence.

(4)

If the IFR is not satisfied of the matters in subsection (2), it must give the club a notice—

(a)

stating that it proposes to refuse to grant the provisional operating licence,

(b)

explaining why it proposes to refuse to grant the licence,

(c)

inviting the club to make representations about the proposed refusal, and

(d)

specifying the means by which, and the period within which, such representations must be made,

and must have regard to any representations which are duly made.

(5)

The period specified in the notice for making representations must be a period of not less than 14 days beginning with the day on which the notice is given.

(6)

After complying with subsection (4), the IFR must—

(a)

grant the provisional operating licence and notify the club of the grant, or

(b)

refuse to grant the licence and notify the club of the refusal, giving reasons for it.

(7)

The IFR may not grant a club a provisional operating licence under this section except as mentioned in subsection (2).

(8)

Where the IFR grants a club a provisional operating licence under this section the IFR must specify in the notice under subsection (3)(b) or (6)(a) (as the case may be) the day on which the licence comes into force, which may not be before the day on which the club operates a relevant team.

(9)

The IFR must specify in rules—

(a)

the period within which it must make the decision whether to grant the club a provisional operating licence,

(b)

any circumstances in which it may extend that period, and

(c)

the maximum period for which that period may be extended.