Part 4Owners and officers of regulated clubs: suitability etc

Determinations relating to incumbent owners and officers

35Incumbent officers

(1)

The IFR may determine whether an individual within subsection (2) meets the officer fitness criteria if the IFR is in possession of information that gives it grounds for concern about whether the individual meets those criteria.

(2)

An individual is within this subsection if the individual is an officer of a particular regulated club and either—

(a)

the individual has been an officer 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 29 that the individual is suitable to be an officer of the club has effect in relation to the individual.

(3)

Before determining under this section whether an individual (“P”) meets the officer fitness criteria, the IFR must give notice to P and to the club of the fact that it proposes to make such a determination.

(4)

If, on making a determination under this section, the IFR finds that P meets the officer 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 officer of the club.

(5)

If, on making a determination under this section, the IFR does not find that P meets the officer fitness criteria—

(a)

the IFR is to be treated as having determined that P is not suitable to be an officer of the club, and

(b)

the IFR must give notice of that fact to P and to the club.

(6)

The IFR must publish—

(a)

any finding it makes under this section;

(b)

notice of any determination it is treated as having made under this section.