Paragraph 6 Removal from the list of security approved Channel Tunnel freight forwardersI1
United Kingdom
If at any time it appears to the Secretary of State that:
a person included on the list of security approved Channel Tunnel freight forwarders no longer carries on Channel Tunnel freight business;
a person included on the list of security approved Channel Tunnel freight forwarders is no longer able or has failed to comply with any direction given to him article 15 or 16 of this Order (whether or not he has been prosecuted);
three years have elapsed from the date of a person first being placed on the list of security approved Channel Tunnel freight forwarders, or from the last three yearly anniversary of that date, or from the last occasion of a person being placed on the list (whichever is the later), and he has not applied at least 42 days previously to remain on the list;
in providing any information required pursuant to paragraph 1 above, a person has made a statement which is false in a material particular;
a person is in breach of paragraph 5 above; or
there is any good reason for a person to be removed from the list;
the Secretary of State may, subject to sub paragraph (2) below, remove that person from the list of security approved Channel Tunnel freight forwarders.
Where the Secretary of State proposes to remove a person from the list for a reason specified in sub paragraph (1) above, he shall give notice to the person of his proposal and of the reasons for it and, where such a notice is given:
the person may make representations to the Secretary of State within 28 days from the date of such notice;
the Secretary of State shall take into account any representations so made before reaching a decision as to the removal of the person from the list; and
the Secretary of State shall give notice to the person of his decision to remove him from the list and of the reasons for it, or of his decision to retain him on the list, as the case may be.
Any person whom the Secretary of State decides to remove from the list for a reason within sub paragraph (1) above other than (c) of that sub-paragraph, may not re apply for such inclusion until after the expiry of the period of three months beginning with the date of the Secretary of State’s notice under sub paragraph (2)(c) above.
The Secretary of State shall remove a person from the list upon being requested in writing to do so by that person.
Annotations
Commencement
- I1
Sch. 1 para. 6 in force at 5.3.1994, see art. 1