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10.—(1) An application for approval of an establishment pursuant to Article 9(2) may be made to the Secretary of State who, in accordance with the second indent of Article 9(2), shall determine whether or not that approval is to be granted and, if so, allocate an alphanumeric identification to the establishment.
(2) Following conviction for an offence under regulation 5(4) against which there is no successful appeal, the Secretary of State may serve a notice on the person who operates the establishment, suspending or withdrawing the approval of the establishment and its alphanumeric identification.
(3) A notice under paragraph (2) must be served within 6 months of—
(a)in the case of a conviction against which there is no appeal, the date on which the right to appeal against that conviction expires; and
(b)in the case of a conviction against which there is an unsuccessful appeal—
(i)if there is no right of appeal against the result of that unsuccessful appeal, the date of that result, and
(ii)if there is a right of appeal against that result but no appeal is made, the date on which that right of appeal expires.
(4) The Secretary of State may also withdraw the approval and allocation in question by agreement with the person who operates the establishment.
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