Regulation 42 Unsuccessful determination made under regulation 36, 37 or 38

(1)

This regulation applies where the registrar has made a determination in respect of an application made under regulation 36, 37 or 38 that is not in favour of the applicant.

(2)

The registrar must make secured information on the register to which the application under regulation 36, 37 or 38 relates available for public inspection—

(a)

where notice of an application for permission to appeal has not been served on the registrar in accordance with regulation 41(4), as soon as reasonably practicable after the end of the period of 42 days beginning with the date of the notice given under regulation 36(5), 37(5) or 38(5); or

(b)

where notice of an application for permission to appeal has been served on the registrar in accordance with regulation 41(4), as soon as reasonably practicable after—

(i)

the court has dismissed the application for permission to appeal or the appeal and there is no further appeal pending; or

(ii)

the registrar becomes aware that the application for permission to appeal or the appeal has been subsequently withdrawn or abandoned.

(3)

Where the registrar makes secured information available for public inspection on the register under this regulation, the registrar must notify the person to whom the secured information relates and the company to which the application under regulation 36, 37 or 38 related of that action as soon as reasonably practicable.