Part 4Owners and officers of regulated clubs: suitability etc

Disqualification orders and enforcement

38Disqualification orders

(1)

The IFR may make an order disqualifying a person from being an owner of any regulated club if under any provision of this Part the IFR determines, or is treated as having determined, that the person is not suitable to be an owner of a particular regulated club.

(2)

The IFR may make an order disqualifying a person from being an officer of any regulated club if under any provision of this Part the IFR determines, or is treated as having determined, that the person is not suitable to be an officer of a particular regulated club.

(3)

Before making an order made under subsection (1) or (2), the IFR must give a notice to the person to whom the order would relate, and to the particular club referred to in that subsection—

(a)

giving details of the fact that the IFR proposes to make the order,

(b)

stating the reasons for the proposed order,

(c)

inviting the person and the club to make representations about the proposed order, and

(d)

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

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

(4)

The period for making representations must be a period of not less than 14 days beginning with the day on which the notice under subsection (3) is given.

(5)

As soon as reasonably practicable after the period for making representations has ended, the IFR must—

(a)

decide whether to make an order under subsection (1) or (2), and

(b)

publish a notice of its decision, giving reasons for it.

(6)

An order under subsection (1) or (2) must set out the period for which the order has effect (which may be indefinite).

(7)

The IFR may revoke an order made under subsection (1) or (2).