Regulation 7 Code Manager of Last Resort
Paragraph (2) applies, in relation to the selection of a replacement code manager, if—
the Authority has decided to revoke a code manager licence;
the revocation will be effective before the time by which the Authority considers it could select a code manager to replace the incumbent under the process that the Authority would otherwise adopt in conformity with these Regulations; and
the Authority considers that it would be appropriate to select, as a replacement code manager, a person that holds a code manager licence in relation to another code.
Where this paragraph applies—
the Authority may decide to select a code manager of last resort on a non-competitive basis without regard to any criteria established under regulation 3(1);
the need to appoint a code manager of last resort is to be treated as a sufficient reason (as referred to in regulation 3(8)) for that decision;
the Authority may modify the selection criteria as the Authority considers appropriate in the circumstances and the Authority may publish the modified selection criteria (under regulation 5(3)) after selecting the code manager of last resort, if it is not practicable to do so earlier;
regulation 5(8) does not apply, and in regulation 5(9) the reference to the steps in regulation 5(8) is to be disregarded.
The Authority may commence taking steps toward the selection of a code manager of last resort under this regulation at any time at which a circumstance has arisen that would entitle it to revoke the licence of the incumbent in accordance with its terms, but a licence granted to the person selected as code manager of last resort will not be effective before the time from which the incumbent’s licence is revoked.
In this regulation—
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“code manager of last resort” means a code manager to be selected as a replacement for a code manager in the circumstances described in paragraph (1);
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“incumbent” means the code manager that is to be replaced by a code manager of last resort.