OpenLegislation

Section 72 Standards relating to the suspension or revocation of a regulated licenceI1

England and Wales Not yet in force

(1)

The Secretary of State may, by regulations, prescribe standards which are relevant to whether it is appropriate for a regulated licence to continue in force.

(2)

For each national standard prescribed under this section, the Secretary of State may, by regulations—

(a)

provide for when, or the circumstances in which, a licensing authority must determine whether the standard is met;

(b)

provide for which permitted response or responses will be available if the licensing authority is not satisfied that the standard is met;

(c)

provide, if both permitted responses are available, for the circumstances in which a particular permitted response is to be made;

(d)

provide for whether the licensing authority—

(i)

is required to make a permitted response, or

(ii)

has a power to make a permitted response,

if the licensing authority is not satisfied that the standard is met;

(e)

provide for when, or the circumstances in which, the suspension of a regulated licence is to end, including provision under which the licensing authority has a discretion.

(3)

Regulations under subsection (2) which relate to a standard may include provision—

(a)

for the licensing authority—

(i)

to be required to give an opportunity to remedy the failure to meet the standard, or

(ii)

to have a power to give such an opportunity, and

(b)

for the requirement or power to make a permitted response to cease to apply if the failure is remedied.

(4)

Regulations under this section may, in particular, provide for an existing power of suspension or revocation to be extended so that the existing power is used, or is treated as being used, to suspend or revoke a licence where the licensing authority is not satisfied that a national standard is met.

(5)

In this section—

  • “existing power of suspension or revocation” means a power to suspend or revoke a licence (whenever conferred) which arises otherwise than under regulations under this section;

  • “permitted response” means—

    1. (a)

      suspending a regulated licence, or

    2. (b)

      revoking a regulated licence;

    and a reference to making a permitted response is to be read accordingly.

Annotations

Commencement

I1

S. 72 not in force at Royal Assent, see s. 108(2)(6)