HC Deb 18 July 1985 vol 83 cc535-6

`(1) A person on whom a notice is served under section [Notices] above may within twenty-eight days after the date of service give written notice to the relevant authority requiring the case to be referred to the Tribunal referred to in subsection (6) below.

(2) Where a requirement is made in accordance with subsection (1) above, then unless the relevant authority within the period there mentioned—

  1. (a) decides to grant the application or, as the case may be, decides not to withdraw the authorisation; and
  2. (b) gives written notice of that fact to the person by whom the requirement was made, it shall refer the case to the Tribunal.

(3) On a reference under this section the Tribunal shall—

  1. (a) investigate the case; and
  2. (b) make a report to the relevant authority stating what would in their opinion be the appropriate decision in the matter and the reasons for that opinion; and it shall be the duty of the relevant authority to decide the matter accordingly.

(4) The Tribunal shall send a copy of the report to the applicant or, as the case may be, the holder of the authorisation; and the relevant authority shall serve him with a written notice of the decision made by it in accordance with the report.

(5) The relevant authority may, if it thinks fit, publish the report of the Tribunal.

(6) For the purposes of this section there shall be a tribunal—

  1. (a) which shall be known as the Insolvency Practitioners Tribunal (in this Part referred to as "the Tribunal"); and
  2. (b)in relation to which the provisions of Schedule 1 to this Act shall apply.'.

(b) without prejudice to paragraph (a) above, that the holder of the authorisation has failed to comply with any provision of this Part or of any regulations made under it or. in purported compliance with any such provision, has furnished the relevant authority with false, inaccurate or misleading information.

(5) An authorisation granted under this section may be withdrawn by the relevant authority at the request or with the consent of the holder of the authorisation.'.—[Mr. Fletcher.]

Brought up, read the First and Second time, and added to the Bill.

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