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Regulation 41 Power to make prohibitory directions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Board, on receipt of a report made under regulation 40(2)(c), shall give the person named in it an opportunity of making (either by himself or by some other person acting on his behalf) representations in writing on the matter, and shall make such other enquiries as seem to be necessary; and, if they are satisfied that his conduct has amounted to an abuse of the facilities provided by the Act, may make a direction (in this regulation referred to as a “prohibitory direction”) that no consideration shall, for a period not exceeding five years, be given by any Area Director either–

(a)

to any future application by that person for a certificate with regard to any particular matter; or

(b)

in exceptional circumstances, to any future application by him whatsoever.

(2)

The Board may in its discretion–

(a)

include within the terms of any prohibitory direction any receiver, next friend or guardian ad litem who applies for a certificate on behalf of the person referred to in the prohibitory direction; and

(b)

at any time vary or revoke any prohibitory direction in whole or in part.

(3)

Where the Board makes a prohibitory direction, it shall inform the Lord Chancellor and shall, if so requested, give him its reasons for making it.