Part 4

Owners and officers of regulated clubs: suitability etc

Persons who become owners or officers of regulated clubs

Determination of suitability required for new officer
29
1
An individual may not become an officer of a particular regulated club unless, on an application by the individual to the IFR, the IFR determines that the individual is suitable to be an officer of the club (an “affirmative determination”).
2
An application under subsection (1) must be made in accordance with rules made by the IFR, which may in particular include provision about—
a
the information to be provided with an application, and
b
the manner and form in which an application must be made.
3
Where an application under subsection (1) is duly made, the IFR must make an affirmative determination in respect of the applicant if the IFR considers that the applicant meets the officer fitness criteria.
This is subject to subsection (4)(b).
4
The IFR—
a
may not make an affirmative determination in respect of the applicant except as mentioned in subsection (3);
b
must not make an affirmative determination in respect of the applicant if an order under section 38(2) (disqualification from being an officer) has effect in relation to the applicant.
5
If the IFR is not able to make an affirmative determination in respect of the applicant, it must determine that the applicant is not suitable to be an officer of the club.
6
Where the IFR makes an affirmative determination in relation to an individual, the determination has effect until—
a
the individual ceases to be an officer of the club, or
b
if earlier, the IFR gives the individual a notice under section 35(5)(b) in relation to the individual’s suitability to be an officer of the club.
7
Where the IFR makes a determination under this section, the IFR must—
a
give notice of the determination to the applicant and to the club, and
b
publish the determination.
S. 29 in force at Royal Assent for specified purposes, see s. 100(2)(g)