Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Assessment of competence | ||
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152. (1) There may from time to time be prescribed procedures for— | ||
(a) assessing (or, where appropriate, reassessing) the competence of an applicant in so far as such competence relates to the relevant activity, | ||
(b) assessing (or, where appropriate, reassessing) the competence of any person who will be acting on behalf of an applicant in so far as such competence relates to the relevant activity, and | ||
(c) a review, initiated by the applicant, of a decision on such competence where the applicant is aggrieved by the decision. | ||
(2) Without prejudice to the generality of subsection (1), the reference to procedures in that subsection includes a reference to the interviewing of an applicant, or any person who will be acting on his or her behalf if the licence is granted, by a person who falls within a prescribed category of persons, being persons who have competence in the licensable activity (whether by reason of qualifications attained or practical experience or a combination of both). | ||
(3) The licensing authority may, at the authority’s discretion, decline to consider any application for a licence until the applicant, or any person who will be acting on his or her behalf if the licence is granted, has had his or her competence assessed by way of the prescribed procedures. | ||
(4) The prescribed procedures shall take into account, and not be inconsistent with, the Regulations of 2017. | ||
(5) In this section, “relevant activity” means— | ||
(a) a licensable activity, | ||
(b) a related activity or any activity (whether or not the activity is a licensable activity) required to be carried out by reason of a condition under paragraph (b) of subsection (4) of section 151 , or | ||
(c) an activity (whether or not the activity is a licensable activity) required to be carried out by reason of a condition under section 28 (2)(a) or (4). |