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Paragraph 5 Experience and capability

Original text. Later amendments are not shown.

(1)

The site controller must be able to satisfy the Secretary of State that—

(a)

an individual with the relevant experience is accountable to the site controller’s governing body for the design, construction and operation of the ERC, and

(b)

the site controller is capable of fulfilling its obligations under this Order.

(2)

If the site controller is an affiliate of Universal City Studios LLC, it is deemed to satisfy the Secretary of State as specified in sub-paragraph (1).

(3)

Any other undertaking that—

(a)

is the site controller, or

(b)

has been identified as a new site controller in a notice under condition 3(2)(a) (designation of site controller and appointment of principal representative), but whose designation as the site controller has not yet taken effect,

must, if the Secretary of State requires it by notice to do so, provide, by such date as the notice specifies, such evidence of the matters in respect of which it must be able to satisfy the Secretary of State under sub-paragraph (1) as the notice specifies.

(4)

In this paragraph—

  • “governing body” means, in relation to an undertaking—

    1. (a)

      its board of directors;

    2. (b)

      if it has no board of directors, such other organ, or group of individuals, as is empowered to manage its business on behalf of its members and to exercise all its powers;

    3. (c)

      if there is no such organ or group, its members;

  • “relevant attraction” means a theme park, holiday resort or entertainment resort complex that is visited in a calendar year by 4.25 million people or more;

  • “relevant experience” means the experience, as a result of having held one or more executive positions in an undertaking, or otherwise having been a party to one or more contracts with an undertaking, over a period comprising two or more calendar years, of having been directly accountable to an undertaking’s governing body for the design, construction and operation of one or more relevant attractions owned or operated by that undertaking.