Paragraph 5

England and Wales

(1)

If the F1Secretary of State proposes to refuse the application he shall give the applicant written notice of his proposal.

(2)

The notice shall—

(a)

give the F2Secretary of State's reasons for proposing to refuse the application; and

(b)

inform the applicant of the effect of sub-paragraph (3).

(3)

Where such a notice is served, it shall be the duty of the Secretary of State , before determining whether to grant or refuse the application, to consider any representations duly made by the applicant.

(4)

For the purposes of sub-paragraph (3), representations are duly made if—

(a)

they are made to the Secretary of State before the end of the period of 28 days beginning with the day on which the notice is served; and

(b)

unless the Secretary of State directs in a particular case, they are in writing.

(5)

If the Secretary of State refuses the application he shall give notice to the applicant in writing.

(6)

Any notice given under sub-paragraph (5) must give the Secretary of State's reasons for refusing the application.

Annotations

Textual amendments

F1: Words in Sch. 9 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(1)(d) (with arts. 6, 8)
F2: Words in Sch. 9 para. 5 substituted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 8(3) (with arts. 6, 8)

Notes on Schedule 9

Textual amendments

F1: Sch. 9 repealed (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 210, 211, Sch. 21 para. 100(f), Sch. 23 (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)(i)(viii)(pp) (subject to art. 6, with art. 9)