PART 3Grant of a licence – general

CHAPTER 1Eligibility criteria and prescribed roles for licensees

Eligibility criteria6.

(1)

A person to whom regulation 5(1) applies will not be eligible if—

(a)

that person is an undischarged bankrupt—

(i)

in England and Wales or Scotland, or

(ii)

in Northern Ireland,

(b)

a bankruptcy restrictions order or undertaking is in force in respect of that person under—

(i)

the Bankruptcy (Scotland) Act 201619 or the Insolvency Act 198620, or

(ii)

the Insolvency (Northern Ireland) Order 198921,

(c)

a debt relief restrictions order or undertaking is in force in respect of that person under—

(i)

the Insolvency Act 1986, or

(ii)

the Insolvency (Northern Ireland) Order 1989,

(d)

a moratorium period under a debt relief order applies in relation to that person under—

(i)

the Insolvency Act 1986, or

(ii)

the Insolvency (Northern Ireland) Order 1989,

(e)

that person is—

(i)

in Great Britain, subject to a disqualification order under section 1(1) of, or a disqualification undertaking under section 1A(1) of, the Company Director’s Disqualification Act 198622, or

(ii)

in Northern Ireland, subject to a disqualification order under Article 3(1) of, or a disqualification undertaking under Article 4(1) of, the Company Director’s Disqualification (Northern Ireland) Order 200223, or

(f)

that person has been convicted of any offence involving fraud or dishonesty, or any indictable offence, and for this purpose “offence” includes any act or omission which would have been an offence if it had taken place in the United Kingdom, unless—

(i)

in Great Britain, that person’s conviction is spent within the meaning of the Rehabilitation of Offenders Act 197424, or

(ii)

in Northern Ireland, that person’s conviction is spent within the meaning of the Rehabilitation of Offenders (Northern Ireland) Order 197825.

(2)

For the purpose of paragraph (1)(f), an offence is indictable if—

(a)

in the case of an offence under the law of England and Wales, it is an indictable offence in England and Wales;

(b)

in the case of an offence under the law of Scotland, it may be tried on indictment in Scotland;

(c)

in the case of an offence under the law of Northern Ireland, it is an indictable offence in Northern Ireland.