Part 4

Owners and officers of regulated clubs: suitability etc

Disqualification orders and enforcement

Orders under section 43: procedure, costs and liabilities
44
1
Before making an order under section 43, the IFR must publish a notice—
a
stating—
i
that the IFR proposes to make the order, and
ii
the reasons for doing so,
b
summarising the provision the IFR proposes to include in the proposed order,
c
inviting the making of 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.
2
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 (1) is published.
3
As soon as reasonably practicable after the period for making representations has ended, the IFR must—
a
decide whether to make an order under section 43, and
b
publish a notice of its decision, giving reasons for it.
4
At the same time as making an order under section 43, the IFR must—
a
where the order imposes requirements on P (within the meaning of section 43), give a notice to P and to the club including information about the possible consequences under Part 8 of not complying with those requirements;
b
where the order imposes requirements on the club, give a notice to the club including information about the possible consequences under Part 8 of not complying with those requirements;
c
give a notice to the club, and to each owner and officer of the club, including information about the possible consequences under Part 8 of not complying with the duty imposed by subsection (6) of section 43.
5
An order under section 43—
a
comes into force at the time specified by or determined in accordance with the order,
b
has effect for the period specified by or determined in accordance with the order, and
c
may be varied or revoked by a further order.
6
The IFR may make rules providing for—
a
costs incurred by the IFR in exercising functions under section 43 or this section, and
b
costs incurred by a trustee appointed by virtue of such an order,
to be payable by P (within the meaning of section 43).