§ '(1) Where the relevant authority grants an authorisation, it shall give written notice of that fact to the applicant, specifying the date on which the authorisation takes effect.
§ (2) Where the relevant authority proposes to refuse an application or to withdraw an authorisation under section [Grant, refusal and withdrawal of authorisation] (4) above, it shall give the applicant or holder of the authorisation written notice of its intention to do so, setting out particulars of the grounds on which it proposes to act.
§ (3) In the case of a proposed withdrawal the notice under subsection (2) above shall state the date on which it is proposed that the withrawal should take effect.
§ (4) A notice under subsection (2) above shall give particulars of the rights exercisable under sections [Right to make representations] and [Reference to Tribunal] below by a person on whom the notice is served.'.—[Mr. Fletcher.]
§ Brought up, and read the First time.
§ Mr. FletcherI beg to move, That the clause be read a Second time.
Mr. Deputy SpeakerWith this, we may take the following: New clause 9—Right to make representations—
§ '(1) A person on whom a notice is served under section [Notices] above may within fourteen days after the date of service make written representations to the relevant authority.
§ (2) The relevant authority shall have regard to any representations made in accordance with this section in determining whether to refuse the application or withdraw the authorisation, as the case may be.'.
§ Amendment (a), in line 1, after 'under', insert 'subsection (2) of'.
537§ Amendment (a), in line 1, after 'under', insert `subsection (2) of'.
§
Amendment (b), in line 2, after 'service', insert
'or in a case where he has made representations under subsection (1) of section (Right to make representations) above within twenty-eight days after the relevant authority has given him notice that having considered his representations it has determined to refuse his application or withdraw his authorisation as the case may be'.
§ Government new clause 11 and Government amendments Nos. 8 and 182.
§ Mr. FletcherNew clause 8 does not differ from clause 4(3)(a) in that it requires the relevant authority to give written notice when it grants or proposes to refuse or withdraw an authorisation. However, the new clause goes further by requiring the relevant authority to give more information to the applicant or holder of an authorisation about the date when authorisation takes place or withdrawal takes effect.
New clause 9 gives the person on whom a notice of a proposed refusal or withdrawal of authorisation is served the right to make written representations to the relevant authority within 14 days.
I am grateful to the right hon. Member for Glasgow, Govan (Mr. Millan) for tabling amendment (a) to new clause 9. It clarifies which subsection in the notices clause is being referred to and we are happy to accept it.
New clause 10 differs in several ways from the existing provisions in the Bill. First, it gives a person 28 days instead of 14 days in which to require his case to be referred to the insolvency practitioners tribunal. Secondly, it requires the tribunal to send a copy of its report not only to the relevant authority, but to the person concerned. The relevant authority will have to serve the person with a written notice of its decision made in accordance with the tribunal's report and may also publish the report if it thinks fit.