Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 2 Applications for licence and grant, refusal, revocation or suspension of licence | ||
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Application for licence | ||
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150. (1) A person may make an application in the specified form to the licensing authority for the licence specified in the application in respect of the licensable activity specified in the application. | ||
(2) Without prejudice to the generality of subsection (3) or section 223 and subject to the Regulations of 2017, an application may require any of the following information to be provided in relation to any matter to which the application relates: | ||
(a) information relating to the competence of the applicant or persons acting on his or her behalf; | ||
(b) information relating to the previous record (if any) of the applicant (other than information relating to a spent conviction as construed in accordance with section 5 of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 ), or persons acting on his or her behalf, of compliance or non-compliance with— | ||
(i) a new authorisation or old authorisation, | ||
(ii) an enforcement notice, | ||
(iii) the provisions of this Act, or | ||
(iv) the provisions of an enactment repealed by section 7 ; | ||
(c) without prejudice to the generality of paragraph (b), information relating to whether the applicant, or a person acting on his or her behalf, has been— | ||
(i) convicted of an offence under this Act or, under the law of a territory other than the State, convicted of an offence that corresponds to the first-mentioned offence, | ||
(ii) convicted of an offence under an enactment repealed by section 7 or, under the law of a territory other than the State, convicted of an offence that corresponds to the first-mentioned offence, | ||
(iii) the subject of any civil proceedings under this Act or, under the law of a territory other than the State, the subject of proceedings that correspond to the first-mentioned proceedings, | ||
(iv) the subject of any civil proceedings under an enactment repealed by section 7 or, under the law of a territory other than the State, the subject of proceedings that correspond to the first-mentioned proceedings, | ||
(v) given an enforcement notice under this Act, or, under the law of a territory other than the State, given a notice that corresponds to the first-mentioned notice, | ||
(vi) the licensee under a relevant licence revoked or suspended under a relevant enactment; | ||
(d) information relating to the manner in which the applicant or persons acting on his or her behalf proposes or propose to carry out the licensable activity, including any related activity, and his or her, or their, respective competence relevant to any such activity; | ||
(e) information relating to the funding or supporting of the carrying out of the licensable activity, including any related activity; | ||
(f) information relating to whether the applicant, or a person acting on his or her behalf, has been convicted on indictment of an offence relating to fraud or dishonesty or, under the law of a territory other than the State, convicted of an offence that corresponds to such conviction; | ||
(g) a valid tax clearance certificate (or a copy thereof) in respect of the applicant. | ||
(3) Where an application is made to the licensing authority, the authority may, by notice in writing given to the applicant and subject to the Regulations of 2017, require the applicant to provide in the specified form, or by affidavit, such additional information in relation to any matter to which the application relates as the authority reasonably considers necessary to assist him or her to determine the application. | ||
(4) An application shall be accompanied by the prescribed fee (if any). | ||
(5) The reference in subsection (2)(b) to non-compliance shall be construed to include a reference to aiding, abetting, counselling or procuring non-compliance or conspiring in non-compliance. | ||
(6) The licensee under a licence shall not be entitled solely by reason of the licence to carry out the licensable activity concerned. | ||
(7) In this section— | ||
“relevant enactment” means this Act or an enactment repealed by this Act; | ||
“relevant licence” means a licence granted under a relevant enactment. |