Part 4Owners and officers of regulated clubs: suitability etc
Determinations relating to incumbent owners and officers
34Incumbent owners
(1)
The IFR may determine whether an individual within subsection (3) meets the individual ownership fitness criteria if the IFR is in possession of information that gives it grounds for concern about whether the individual meets those criteria.
(2)
The IFR may determine whether an individual within subsection (3) has a source of wealth which is connected to serious criminal conduct if the IFR is in possession of information that gives it grounds to suspect that the individual does have such a source of wealth.
(3)
An individual is within this subsection if the individual is an owner of a particular regulated club and either—
(a)
the individual has been an owner of the club since immediately before—
(i)
the coming into force of this section, or
(ii)
if later, the time when the club became a regulated club, or
(b)
a determination under section 28 that the individual is suitable to be an owner of the club has effect in relation to the individual.
(4)
Before making a determination under subsection (1) or (2) in relation to an individual (“P”), the IFR must give notice to P and to the club of the fact that it proposes to make such a determination.
(5)
Where the only determination being made by the IFR is a determination under subsection (1), if the IFR finds that P meets the individual ownership fitness criteria—
(a)
the IFR must give notice of that finding to P and to the club, and
(b)
P may continue to be an owner of the club.
(6)
Where the only determination being made by the IFR is a determination under subsection (2), if the IFR finds that P does not have a source of wealth which is connected to serious criminal conduct—
(a)
the IFR must give notice of that finding to P and to the club, and
(b)
P may continue to be an owner of the club.
(7)
The IFR may make the finding referred to in subsection (6) only if the IFR—
(a)
has taken reasonable steps to establish whether P has any source of wealth which is connected to serious criminal conduct, and
(b)
is not satisfied, on the balance of probabilities, that P has any such source of wealth.
(8)
Where determinations under both subsections (1) and (2) are being made by the IFR, if the IFR finds as mentioned in subsections (5) and (6)—
(a)
the IFR must give notice of those findings to P and to the club, and
(b)
P may continue to be an owner of the club.
(9)
Subsection (10) applies if—
(a)
in a case within subsection (5), the IFR does not make the finding mentioned in that subsection,
(b)
in a case within subsection (6), the IFR does not make the finding mentioned in that subsection, or
(c)
in a case within subsection (8), the IFR does not make both of the findings mentioned in subsections (5) and (6).
(10)
If this subsection applies—
(a)
the IFR is to be treated as having determined that P is not suitable to be an owner of the club, and
(b)
the IFR must give notice of that fact to P and to the club.
(11)
The IFR must publish notice of—
(a)
any finding it makes under this section;
(b)
any determination it is treated as having made under this section.