Regulation 46 Determinations of the AuthorityI1

England, Wales and Scotland

(1)

The Authority must determine a qualification appeal as soon as practicable.

(2)

The determinations which the Authority may make are—

(a)

to uphold the non-qualification determination; or

(b)

that the applicant is a qualifying applicant.

F1(2A)

The Authority may by notice require the delivery body to provide it with information to assist the Authority to determine a qualification appeal.

(2B)

Where the delivery body—

(a)

holds the information required by the notice, it must provide the Authority with the information;

(b)

only holds part of the information required by the notice, it must provide the Authority with the information it holds and a statement describing the information that it does not hold;

(c)

does not hold any of the information required by the notice, it must provide the Authority with a statement that it does not hold the information.

(2C)

The delivery body must provide the information required by the notice by no later than 5 working days after the date of the notice.

(3)

Where the Authority has made a determination, it must give a notice to the applicant F2, the Secretary of State and the delivery body which—

(a)

states the determination of the Authority; and

(b)

the date of the determination.

(4)

A notice under paragraph (3) F3must be given as soon as practicable after the date of the determination by the Authority.

Annotations

Textual amendments

F1: Reg. 46(2A)-(2C) inserted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 15(a)
F2: Words in reg. 46(3) inserted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 15(b)
F3: Words in reg. 46(4) substituted (20.7.2016) by The Contracts for Difference (Miscellaneous Amendments) Regulations 2016 (S.I. 2016/784), regs. 1(1), 15(c)

Commencement

I1: Reg. 46 in force at 1.8.2014, see reg. 1(1)