Office of Public Sector Information

PART 4 MATTERS RELATING TO APPLICATIONS UNDER SECTION 243 AND UNDER SECTION 1088

Appeals

14.—(1) An applicant who has received notice under regulation 5(5), 6(5), 7(5), 9(6), 10(5) or 11(5) that his application has been unsuccessful may appeal to the High Court or, in Scotland, the Court of Session on the grounds that the decision—

(a) is unlawful;

(b) is irrational or unreasonable;

(c) has been made on the basis of a procedural impropriety or otherwise contravenes the rules of natural justice.

(2) No appeal under this regulation may be brought unless the leave of the court has been obtained.

(3) An applicant must bring an appeal within 21 days of the date of the notice or, with the court’s permission, after the end of such period, but only if the court is satisfied—

(a) where permission is sought before the end of that period, that there is good reason for the applicant being unable to bring the appeal in time; or

(b) where permission is sought after that time, that there was a good reason for the applicant’s failure to bring the appeal in time and for any delay in applying for permission.

(4) The court determining an appeal may—

(a) dismiss the appeal; or

(b) quash the decision,

and where the court quashes a decision it may refer the matter to the registrar with a direction to reconsider it and make a determination in accordance with the findings of the court.

Duration of a section 243 decision or a section 1088 decision

15.—(1) A section 243 decision shall continue to have effect until—

(a) either—

(i) the section 243 beneficiary, or

(ii) his personal representative,

has notified the registrar in writing that he wishes the section 243 decision to cease to apply; or

(b) the registrar has made a revocation decision in relation to that beneficiary,

whichever first occurs.

(2) A section 1088 decision shall continue to have effect until the registrar has made a revocation decision in relation to the section 1088 beneficiary.

(3) In this regulation—

“personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person; and

“revocation decision” in relation to a section 243 decision or a section 1088 decision means a determination by the registrar to revoke that decision in accordance with regulation 16.

Revocation of a section 243 decision or a section 1088 decision

16.—(1) The registrar may revoke a section 243 decision or a section 1088 decision at any time if he is satisfied that the section 243 beneficiary or section 1088 beneficiary, as the case may be, or any other person, in purported compliance with any provision of these Regulations, is found guilty of an offence under section 1112 (general false statement offence) (“a revocation decision”).

(2) If the registrar proposes to make a revocation decision he shall send the beneficiary notice of his intention.

(3) The notice must—

(a) inform the beneficiary that he may, within the period of 28 days beginning with the date of the notice, deliver representations in writing to the registrar; and

(b) state that if representations are not received by the registrar within that period, the revocation decision will be made at the expiry of that period.

(4) If within the period specified in paragraph (3) the beneficiary delivers representations as to why the revocation decision should not be made , the registrar shall have regard to the representations in determining whether to make the revocation decision, and shall, within five working days of making his decision, send notice of it to the beneficiary.

(5) Any communication by the registrar in respect of a revocation decision or proposed revocation decision shall be sent to the beneficiary—

(a) in the case of an individual, to his usual residential address;

(b) in the case of a company, to its registered office; or

(c) in the case of a partnership, to the address specified in its section 1088 application.

(6) In this regulation—

“partnership” includes a limited liability partnership;

“section 243 beneficiary” includes where the section 243 decision was made following an application under regulation 6 or 7, the applicant.

Regulation 2

SCHEDULE 1 SPECIFIED PUBLIC AUTHORITIES

The Secretary of State;

any Northern Ireland Department;

the Scottish Ministers;

the Welsh Ministers;

the Treasury;

the Commissioners for Her Majesty’s Revenue and Customs;

the Bank of England;

the Director of Public Prosecutions;

the Director of Public Prosecutions for Northern Ireland;

the Serious Fraud Office;

the Secret Intelligence Service;

the Security Service;

the Government Communications Headquarters;

the Financial Services Authority;

the Competition Commission;

the Pensions Regulator;

the Panel on Takeovers and Mergers;

the Regulator of Community Interest Companies;

the Registrar of Credit Unions for Northern Ireland;

the Office of Fair Trading;

the Office of the Information Commissioner;

the Charity Commission;

the Charity Commission for Northern Ireland;

the Office of the Scottish Charity Regulator;

the Postal Services Commission;

the Gas and Electricity Markets Authority;

the Northern Ireland Authority for Utility Regulation;

the Gambling Commission;

the Serious Organised Crime Agency;

the Health and Safety Executive;

the Health and Safety Executive for Northern Ireland;

the Food Standards Agency;

the Gangmasters Licensing Authority;

the Security Industry Authority;

a local authority within the meaning of section 54(2) of the Act;

an official receiver appointed under section 399 of the Insolvency Act 1986(20) (appointment, etc, of official receivers);

the Official Receiver for Northern Ireland;

the Crown Office and Procurator Fiscal Services;

a person acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986(21) (meaning of “act as an insolvency practitioner”) or Article 3 of the Insolvency (Northern Ireland) Order 1989(22) (“act as an insolvency practitioner”);

an inspector appointed under Part 14 of the 1985 Act (investigation of companies and their affairs: requisition of documents) or Part 15 of the 1986 Order or a person appointed under regulation 30 of the Open-Ended Investment Companies Regulations 2001(23) (power to investigate) or regulation 22 of the Open-Ended Investment Companies Regulations (Northern Ireland) 2004(24);

any person authorised to exercise powers under section 447 of the 1985 Act(25) (power to require documents and information), or section 84 of the Companies Act 1989(26) (exercise of powers by officers, etc) or Article 440 of the 1986 Order;

any person exercising functions conferred by Part 6 of the Financial Services and Markets Act 2000(27) (official listing) or the competent authority under that Part;

a person appointed to make a report under section 166 (reports by skilled persons) of the Financial Services and Markets Act 2000;

a person appointed to conduct an investigation under section 167 (appointment of persons to carry out general investigations) or 168(3) or (5) (appointment of persons to carry out investigations in particular cases) of the Financial Services and Markets Act 2000(28);

an inspector appointed under section 284 (power to investigate) of the Financial Services and Markets Act 2000;

an overseas regulatory authority within the meaning of section 82 of the Companies Act 1989(29) (request for assistance by overseas regulatory authority);

a police force.