22 Right to make representations: Part 2E+W
(1)The Secretary of State shall not cancel a person’s registration under section 21 unless the Secretary of State has complied with the provisions of this section.
(2)The Secretary of State shall serve a notice on the person concerned stating—
(a)what he is proposing to do;
(b)the reasons for it; and
(c)the period (not less than 14 days starting with the date of service of the notice) within which the person concerned may by notice—
(i)require the Secretary of State to give him an opportunity to make representations about the proposal; or
(ii)inform the Secretary of State that he does not wish to make any such representations.
(3)Where a notice has been served by the Secretary of State under subsection (2), the Secretary of State shall not proceed with his proposed cancellation until—
(a)the person concerned has made representations about it or informed the Secretary of State that he does not wish to make any such representations;
(b)the period mentioned in subsection (2)(c) has passed without the Secretary of State being required to give the person concerned an opportunity to make representations or without the Secretary of State being informed that the person concerned does not wish to make any representations; or
(c)the conditions specified in subsection (4) are satisfied.
(4)The conditions are that—
(a)the person concerned has required the Secretary of State to give him an opportunity to make representations to the Secretary of State about the proposal;
(b)the Secretary of State has allowed that person a reasonable period to make his representations; and
(c)the person concerned has failed to make his representations within that period.
(5)The representations may be made orally or in writing.
(6)If the person concerned informs the Secretary of State that he desires to make oral representations, the Secretary of State shall give that person an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State.
(7)If the Secretary of State decides to proceed with his proposed cancellation, he shall serve a notice on the person concerned informing him of the Secretary of State’s decision to proceed and of the cancellation.
(8)A notice under subsection (7) shall also inform the person concerned of—
(a)his right to appeal under section 23 against the cancellation;
(b)the time within which such an appeal may be brought; and
(c)the date on which the cancellation is to have effect.
Commencement Information
I1S. 22 wholly in force; s. 22 not in force at Royal Assent see s. 44; Pt. 2 (ss. 17-31) of the Act in force for certain purposes at 1.12.2002 and s. 22 otherwise in force at 1.1.2003 by S.I. 2002/2957, arts. {2}, {3}