Regulation 3 Applications in relation to licences under section 4A of the Act

England, Wales and Scotland

(1)

An application under section 4A of the Act for the grant or amendment of a licence is valid only if it complies with this regulation.

(2)

The application must—

(a)

be made in a form and in a manner approved for that purpose by the Secretary of State,

(b)

contain the information required by that form, and

(c)

be accompanied by whatever further information or documentation the Secretary of State requires.

(3)

The power of the Secretary of State to approve the manner in which applications may be made includes power to require all applications to be made, and all further information or documentation to be submitted, by electronic means.

(4)

The Secretary of State must publish details of the forms and other matters approved or required from time to time for the purposes of paragraph (2).

(5)

The applicant must—

(a)

provide any additional information or documentation that the Secretary of State requests in order to decide the applicant's application,

(b)

assist and co-operate as far as reasonably practicable with any investigations or checks that the Secretary of State thinks appropriate to carry out for that purpose, and

(c)

do such other things as the Secretary of State may request for that purpose.

(6)

The investigations and checks that the Secretary of State may carry out includes investigations and checks about (for example)—

(a)

the applicant's physical or mental health, and

(b)

the commission or alleged commission by the applicant of any offence (including cautions, or convictions, that are spent).

(7)

The applicant, in making the application, is deemed to have consented to—

(a)

the carrying out of any investigation or checks that the Secretary of State thinks it appropriate to carry out in order to decide the applicationF1... .

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

The Secretary of State must notify the applicant of the Secretary of State's decision to grant or refuse the application as soon as reasonably practicable after the decision is taken.

(10)

The notice under paragraph (9) must also inform the applicant of the right under regulation 4 to ask the Secretary of State to reconsider the decision.

(11)

The Secretary of State may charge applicants a fee of the following amount—

(a)

for applications for the grant of a licence, a fee of £39.50, and

(b)

for applications to replace any lost, damaged or stolen licence, a fee of £25.

Annotations

Textual amendments

F1: Reg. 3(7)(b) and word omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 383(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2: Reg. 3(8) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 383(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)