OpenLegislation

Section 36 Opportunity to make representations about proposed negative findingsI1I2

England and Wales

(1)

If the IFR is minded to make a negative finding under section 34 or 35 in relation to an individual, the IFR must—

(a)

give notice of that fact to the individual and to the club, and

(b)

have regard to any representations made by the individual or the club in accordance with the notice.

(2)

In this section, “negative finding” means—

(a)

in relation to a determination under section 34(1), a finding that the individual does not meet the individual ownership fitness criteria;

(b)

in relation to a determination under section 34(2), a finding that the individual does have a source of wealth which is connected to serious criminal conduct;

(c)

in relation to a determination under section 35(1), a finding that the individual does not meet the officer fitness criteria.

(3)

A notice under subsection (1) must—

(a)

explain why the IFR is minded to make the negative finding,

(b)

invite the individual or the club to make representations about the proposed finding, and

(c)

specify the means by which, and the period within which, such representations must be made.

(4)

The period for making representations must be a period of not less than 14 days beginning with the day on which the notice is given.

Annotations

Commencement

I1

S. 36 in force at Royal Assent for specified purposes, see s. 100(2)(g)

I2

S. 36 in force at 12.12.2025 in so far as not already in force by S.I. 2025/1286, reg. 2(1)(a)(v)