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PART IVCONTROLS

Suspension of persons acting as qualified persons

27.—(1) Where it appears to the Ministers that a person acting as a qualified person—

(a)does not satisfy the requirements of Article 31 or 32 of Directive 81/851, or

(b)has failed to comply with regulation 26,

the Ministers shall serve a notice complying with the provisions of paragraph (2) on that person (in this regulation called“the notified person”).

(2) A notice served under paragraph (1) shall—

(a)notify the person on whom it is served that the Ministers propose to serve a suspension notice on him directing him not to act as a qualified person,

(b)state the reasons why the Ministers are proposing to serve such a notice, and

(c)specify that, on or before the response date specified in the notice, the notified person may make written representations to the Ministers in connection with such proposed notice or reasons.

(3) Where the Ministers decide not to serve a suspension notice on a notified person they shall notify him of their decision.

(4) Where the Ministers decide to serve a suspension notice on a notified person, they shall serve a notice on him directing him not to act as a qualified person.

(5) A suspension notice served on a notified person under paragraph (4) may be revoked at any time by the Ministers serving a notice on the notified person notifying him that he may resume acting as a qualified person.

(6) During the period in which a suspension notice is in force in relation to a notified person—

(a)that person shall not act as a qualified person, and

(b)no other person shall permit that person to act for him as a qualified person.