Modifications etc. (not altering text)
C1Pt. II (ss. 15-71) restricted (1.1.1993) by S.I. 1992/3218, reg65
Pt. II (ss. 15-71) extended (24.12.1996) by S.I. 1996/3011, reg. 3(1)(b), 10(1)
(1)Before exercising with respect to a company any power or powers conferred by sections 38 to 45 above on the ground that [F1they]would be prohibited from issuing an authorisation to the company because of the unfitness of a person for the position held by him (not being that of controller of the company), the [F2Treasury] shall serve on that person a written notice stating—
(a)that the [F2Treasury][F1are] considering exercising a power or powers by those sections and the ground on which [F1they are] considering the exercise of the power or powers; and
(b)that the person on whom the notice is served may, within the period of one month from the date of service of the notice, make written representations to the [F2Treasury] and, if that person so requests, oral representations to an officer of the [F3Treasury] appointed for the purpose by the [F2Treasury].
(2)Unless the [F2Treasury] , after considering any representations made in accordance with subsection (1) above by the person served with a notice under that subsection, [F4decide] not to exercise the power or powers in relation to which the notice was served, [F5they] shall before exercising the power or powers serve on the company a written notice—
(a)containing the matters mentioned in paragraphs (a) and (b) of that subsection, taking references to the person there mentioned as references to the company; and
(b)specifying the power or powers which [F6they propose] to exercise and, if the power or one of them is that conferred by section 45 above, specifying the manner of its proposed exercise.
(3)A notice under this section shall give particulars of the ground on which the [F2Treasury][F7are] considering the exercise of the power or powers in question.
(4)Where representations are made in accordance with this section the [F2Treasury] shall take them into consideration before exercising the power or powers in question.
(5)A requirement imposed on a company in the exercise of any power or powers to which this section applies may be framed so as to come into effect after the expiration of a specified period (or such longer period as the [F2Treasury] may allow) unless before the expiration of that period the person whose fitness is in question has ceased to hold the position concerned.
Textual Amendments
F1Words in s. 46(1) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(b) (with art. 7)
F2Words in s. 46 substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(a) (with art. 7)
F3Words in s. 46(1) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(b)(iv) (with art. 7)
F4Words in s. 46(2) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(c)(i) (with art. 7)
F5Words in s. 46(2) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33 (c)(ii) (with art. 7)
F6Words in s. 46(2) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(c)(iii) (with art. 7)
F7Words in s. 46(3) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(d) (with art. 7)
Modifications etc. (not altering text)
C2S. 46: power to contract out certain functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 33
(1)Before exercising with respect to a company any power or powers conferred by sections 38 to 45 above on the ground that [F1they]would be prohibited from issuing an authorisation to the company because of the unfitness of a person for the position held by him (not being that of controller of the company), the [F2Treasury] shall serve on that person a written notice stating—
(a)that the [F2Treasury][F1are] considering exercising a power or powers by those sections and the ground on which [F1they are] considering the exercise of the power or powers; and
(b)that the person on whom the notice is served may, within the period of one month from the date of service of the notice, make written representations to the [F2Treasury] and, if that person so requests, oral representations to an officer of the [F3Treasury] appointed for the purpose by the [F2Treasury].
(2)Unless the [F2Treasury] , after considering any representations made in accordance with subsection (1) above by the person served with a notice under that subsection, [F4decide] not to exercise the power or powers in relation to which the notice was served, [F5they] shall before exercising the power or powers serve on the company a written notice—
(a)containing the matters mentioned in paragraphs (a) and (b) of that subsection, taking references to the person there mentioned as references to the company; and
(b)specifying the power or powers which [F6they propose] to exercise and, if the power or one of them is that conferred by section 45 above, specifying the manner of its proposed exercise.
(3)A notice under this section shall give particulars of the ground on which the [F2Treasury][F7are] considering the exercise of the power or powers in question.
(4)Where representations are made in accordance with this section the [F2Treasury] shall take them into consideration before exercising the power or powers in question.
(5)A requirement imposed on a company in the exercise of any power or powers to which this section applies may be framed so as to come into effect after the expiration of a specified period (or such longer period as the [F2Treasury] may allow) unless before the expiration of that period the person whose fitness is in question has ceased to hold the position concerned.
Textual Amendments
F1Words in s. 46(1) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(b) (with art. 7)
F2Words in s. 46 substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(a) (with art. 7)
F3Words in s. 46(1) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(b)(iv) (with art. 7)
F4Words in s. 46(2) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(c)(i) (with art. 7)
F5Words in s. 46(2) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33 (c)(ii) (with art. 7)
F6Words in s. 46(2) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(c)(iii) (with art. 7)
F7Words in s. 46(3) substituted (5.1.1998) by S.I. 1997/2781, art. 8(1), Sch. Pt. I para. 33(d) (with art. 7)
Modifications etc. (not altering text)
C2S. 46: power to contract out certain functions conferred (18.11.1998) by S.I. 1998/2842, arts. 2, 3, Sch. Pt. I para. 33