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The Civil Partnership Regulations (Northern Ireland) 2005

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This is the original version (as it was originally made).

Revocation and suspension of approvals

20.—(1) An authority may revoke or suspend an approval in accordance with the provisions of this regulation.

(2) An authority may revoke or suspend an approval if in its opinion—

(a)the approval holder has failed to comply with one or more of the conditions attached to the approval under regulation 13;

(b)the approved place is no longer suitable for the registration of civil partnerships, having regard to regulation 12(2); or

(c)in the case of a place approval, the approval holder is not or is no longer a fit and proper person.

(3) Subject to paragraph (6), an authority before revoking or suspending an approval shall give—

(a)the approval holder; and

(b)any person who has made representations relevant to the matters to be considered at a hearing,

an opportunity to be heard by the authority or, if that person prefers, to submit written representations.

(4) The authority shall have complied with its duty under paragraph (3) if it has served on the persons referred to in that paragraph, not later than 21 days before the hearing, notice that the authority propose to hold a hearing, together with a copy of any representations referred to in paragraph (3)(b) and a note of the grounds upon which the revocation or suspension of the approval is to be considered.

(5) A revocation or suspension of an approval shall, subject to paragraph (7), come into operation—

(a)upon expiry of the period for applying for a review under regulation 22; or

(b)where such an application has been lodged, when the review has been determined in favour of the revocation or suspension.

(6) If an authority, at any time after granting an approval, determines that the circumstances justify immediate suspension it may, without prejudice to its other powers and duties, suspend the approval immediately.

(7) The period of suspension of an approval shall be the unexpired portion of the duration of that approval, or such shorter period as the authority may determine; and the effect of suspension shall be that the approval shall cease to have effect during the period of the suspension.

(8) An authority may, whether upon an application made to them or not, recall a suspension of an approval made under this regulation.

(9) An authority shall within 7 days of its decision under paragraph (1) serve notice of its decision, together with details of the right to a review of the decision under regulation 22, on the approval holder and any person who in pursuance of paragraph (3)(b) was heard by or submitted written representation to, the authority before it reached its decision.

(10) Upon receipt of the notice of revocation or suspension under paragraph (9) the approval holder shall forthwith serve notice of the revocation or suspension on all parties whose intended civil partnerships have not yet been registered in the place in respect of which the notice of revocation or suspension has been received.

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