Part 4

Owners and officers of regulated clubs: suitability etc

Persons who become owners or officers of regulated clubs

Becoming an owner or officer without a determination
30
1
Where the IFR becomes aware that a person has become an owner of a particular regulated club without the IFR having first determined under section 28 whether the person is suitable to be an owner of the club, the IFR must give the person—
a
a notice requiring the person to make an application under section 28 by the date specified in the notice, or
b
a notice stating that the person is not suitable to be an owner of the club.
2
But if the person is subject to an order under section 38(1) (disqualification from ownership)—
a
subsection (1) does not apply, and
b
the IFR must give the person a notice stating that the person is not suitable to be an owner of the club.
3
Where the IFR becomes aware that an individual has become an officer of a particular regulated club without the IFR having first determined under section 29 whether the individual is suitable to be an officer of the club, the IFR must give the individual—
a
a notice requiring the individual to make an application under section 29 by the date specified in the notice, or
b
a notice stating that the individual is not suitable to be an officer of the club.
4
But if the individual is subject to an order under section 38(2) (disqualification from being an officer)—
a
subsection (3) does not apply, and
b
the IFR must give the person a notice stating that the individual is not suitable to be an officer of the club.
5
Where the IFR has given a notice under subsection (1)(a) or (3)(a) (“the initial notice”) to a person, the IFR may give the person a notice under this subsection (a “further notice”) stating that the initial notice is to be treated as if the date specified in it were a later date specified in the further notice.
6
The power conferred by subsection (5) may be exercised more than once.
7
Where a person to whom a notice under subsection (1)(a) or (3)(a) was given fails to make the application required by the notice by the date specified (or treated as specified) in the notice, the IFR must—
a
in a subsection (1)(a) case, give the person a notice stating that the person is not suitable to be an owner of the club;
b
in a subsection (3)(a) case, give the individual a notice stating that the individual is not suitable to be an officer of the club.
8
Where—
a
a notice under subsection (1)(b), (2)(b) or (7)(a) is given to a person, the IFR is to be treated as having determined under section 28 that the person is not suitable to be an owner of the club in question;
b
a notice under subsection (3)(b), (4)(b) or (7)(b) is given to a person, the IFR is to be treated as having determined under section 29 that the person is not suitable to be an officer of the club in question.
9
Where the IFR gives a notice under this section to a person, it must give a copy of the notice to the club in question.
10
The IFR must publish notice of any determination it is treated by virtue of subsection (8) as having made under section 28 or 29.
S. 30 in force at Royal Assent for specified purposes, see s. 100(2)(g)