PART 8 E+WIndependent providers

Grant of employing authority statusE+W

152.—(1) The scheme manager may grant [F1employing] authority status on an application under regulation 151 if—

(a)satisfied as to the matters in paragraph (3) of that regulation; and

(b)where an IP guarantee is required, the guarantee has been provided to the scheme manager.

[F2(2) An approval application may nominate a date (“the nominated date”) from which approval by the Secretary of State (if granted) is to have effect.

(3) Where paragraph (2) applies and—

(a)the Secretary of State is satisfied that the Independent Provider will satisfy the conditions in paragraph (3) of regulation 151 at the nominated date,

(b)the Secretary of State accepts the nominated date for approval purposes, and

(c)the nominated date is later than the date on which the Secretary of State approves the application,

approval takes effect from the nominated date.

(4) Where paragraph (2) applies and—

(a)the Secretary of State is satisfied that the Independent Provider did satisfy the conditions in paragraph (3) of regulation 151 at the nominated date,

(b)the Secretary of State accepts the nominated date for approval purposes,

(c)the nominated date is earlier than the date on which the Secretary of State approves the application, and

(d)the Secretary of State has received the contributions referred to in paragraphs (iv) and (v) of paragraph (3) of regulation 151,

approval takes effect from the nominated date.

(5) Where an approval application—

(a)does not include a nominated date, or

(b)does include such a date, but which the Secretary of State does not accept for approval purposes,

approval takes effect from the date that it is granted by the Secretary of State.]